Legal Obstacles to Private Enforcement of Competition Law
Private enforcement of competition law serves many important goals, including deterrence of future anti-competitive harms and correction of past harms. This article sheds light on several potential legal obstacles to such enforcement which could prevent it from achieving its goals. The examples mai...
Saved in:
| Main Authors: | , |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
Universidade Católica Editora
2019-10-01
|
| Series: | Market and Competition Law Review |
| Subjects: | |
| Online Access: | https://revistas.ucp.pt/index.php/mclawreview/article/view/1835 |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| _version_ | 1841563951137030144 |
|---|---|
| author | Michal S. Gal Rivi Dahan |
| author_facet | Michal S. Gal Rivi Dahan |
| author_sort | Michal S. Gal |
| collection | DOAJ |
| description |
Private enforcement of competition law serves many important goals, including deterrence of future anti-competitive harms and correction of past harms. This article sheds light on several potential legal obstacles to such enforcement which could prevent it from achieving its goals. The examples mainly build upon the experience of different jurisdictions with private litigation. It also suggests some possible solutions for dealing with or limiting such obstacles. As Europe is in the early stages of applying its Damages Directive and creating a private competition law enforcement regime, recognising – and possibly avoiding – obstacles to efficient private enforcement is both timely and important.
|
| format | Article |
| id | doaj-art-dec2e6bf59654f688b5c6890993b7c52 |
| institution | Kabale University |
| issn | 2184-0008 |
| language | English |
| publishDate | 2019-10-01 |
| publisher | Universidade Católica Editora |
| record_format | Article |
| series | Market and Competition Law Review |
| spelling | doaj-art-dec2e6bf59654f688b5c6890993b7c522025-01-02T23:23:27ZengUniversidade Católica EditoraMarket and Competition Law Review2184-00082019-10-013210.7559/mclawreview.2019.1835Legal Obstacles to Private Enforcement of Competition LawMichal S. Gal0Rivi DahanUniversity of Haifa, Faculty of Law, Centre for Law and Technology; International Association of Competition Law Scholaers Private enforcement of competition law serves many important goals, including deterrence of future anti-competitive harms and correction of past harms. This article sheds light on several potential legal obstacles to such enforcement which could prevent it from achieving its goals. The examples mainly build upon the experience of different jurisdictions with private litigation. It also suggests some possible solutions for dealing with or limiting such obstacles. As Europe is in the early stages of applying its Damages Directive and creating a private competition law enforcement regime, recognising – and possibly avoiding – obstacles to efficient private enforcement is both timely and important. https://revistas.ucp.pt/index.php/mclawreview/article/view/1835Competition lawPrivate enforcementDecision theoryDamages directive |
| spellingShingle | Michal S. Gal Rivi Dahan Legal Obstacles to Private Enforcement of Competition Law Market and Competition Law Review Competition law Private enforcement Decision theory Damages directive |
| title | Legal Obstacles to Private Enforcement of Competition Law |
| title_full | Legal Obstacles to Private Enforcement of Competition Law |
| title_fullStr | Legal Obstacles to Private Enforcement of Competition Law |
| title_full_unstemmed | Legal Obstacles to Private Enforcement of Competition Law |
| title_short | Legal Obstacles to Private Enforcement of Competition Law |
| title_sort | legal obstacles to private enforcement of competition law |
| topic | Competition law Private enforcement Decision theory Damages directive |
| url | https://revistas.ucp.pt/index.php/mclawreview/article/view/1835 |
| work_keys_str_mv | AT michalsgal legalobstaclestoprivateenforcementofcompetitionlaw AT rividahan legalobstaclestoprivateenforcementofcompetitionlaw |