Articles

The Binding Effect of NCA Decisions under the Damages Directive: Rationale and Practical Implications


Abstract


This article analyses the practical implications of the implementation of Article 9 of the Antitrust Damages Directive, which gives decisions issued by National Competition Authorities (“NCAs”) a key role in “follow-on” damages actions. After setting the scene, by giving a short overview of the legal status prevailing before the Directive and of the institutional process that led to its adoption, the authors propose a critical analysis of Article 9 of the Directive and put forward some considerations on the main practical issues than can surface in its implementation. In this respect, a number of critical points are identified and discussed, most notably in connection with due process rights for defendants and, more generally, potential “interoperability” issues between civil and public proceedings.

Keywords


Private Enforcement; Public Enforcement; Binding Effect; Damages; Directive

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DOI: http://dx.doi.org/10.12870/iar-12024

References






Rivista Italiana Antitrust / Italian Antitrust Review
ISSN: 2284-3272

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