Private enforcement: An overview of EU and national case law

1. Introduction 2011 marked the ten year anniversary of the seminal Courage v. Crehan ruling of the Court of Justice [1], so it seems appropriate to take stock. In the last ten years there have been a lot of developments, indeed, a true revolution with regard to private antitrust enforcement in Europe. This statement does not imply a positive or negative stance vis-à-vis private actions for damages in the area of competition law but merely describes a reality. The Court of Justice has spoken three times in preliminary rulings. In 2001 and 2006, it set out the general principle and spelled out the constitutive conditions of individual liability for damages [2], in Courage and Manfredi [3], respectively, while in 2011, in Pfleiderer [4], it was called for the first time to make a

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Assimakis Komninos, Private enforcement: An overview of EU and national case law, 4 May 2016, e-Competitions Bulletin Private enforcement, Art. N° 44442

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