The EU Court of Justice confirms the Commission’s authority to represent the EU in bringing an action for damages before a national court based on an infringement of the Article 101 TFEU (Otis / Kone / Schindler / ThyssenKrupp)

I. Introduction In the field of competition law the Commission plays multiple roles and acts against several forms of anticompetitive activities prohibited by Articles 101 and 102 TFEU, if the interstate trade criterion is satisfied. National competition authorities may apply the above named articles usually in essentially national cases. In order to ensure a coherent and coordinated enforcement of the competition rules in Europe the Commission cooperates with the Competition Authorities of the Member States [1]. In the case before the referring court [2], the Commission acts in its quality of representative of the Union as injured party and applies for damages based on an infringement of the Article 101 TFEU previously established by its own Decision of 21 February 2007. By the same

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Emanuela Matei, The EU Court of Justice confirms the Commission’s authority to represent the EU in bringing an action for damages before a national court based on an infringement of the Article 101 TFEU (Otis / Kone / Schindler / ThyssenKrupp), 6 November 2012, e-Competitions Due Process Research Program, Art. N° 49681

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