ARTICLE: Private enforcement of competition rules (Art. 81-82 EC) - European Commission Green book - Curative and preventive effects - Barriers to Private enforcement developpements - Efficiency of competition law - Critics - Effectiveness - Risks - European legal traditions

Private enforcements of EC antitrust: The EC Green book, A critical view

On December 2005, 19, considering the loopholes of positive law, the European Commission published a Green book on private enforcement of competition rules (Art. 81-82 EC). This document shows both curative and preventive effects of such actions. It also identifies the main barriers to their developpements which are of three kinds (...). Although the Green book reprensents a progress for a greater efficiency of competition law, the authors voiced some critics on the effectiveness of the means and of the risks drifted of a solutions that may not be adequate with European legal traditions.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. 1. The issue of compensation for damages caused by anti-competitive practices has received relatively little attention until recently. The European Commission's willingness to rely even more on the judiciary and on private action to ensure the effectiveness of competition law has recently changed the situation. This development is a logical consequence of the decentralisation enshrined and amplified by Regulation No 1/2003 and its accompanying texts. It meets the interest of consumers for collective actions against companies that have committed cartels or abuses of a dominant position of which they are the victims. There is no doubt that there is also a

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  • Squadra Avocats (Paris)
  • University Littoral-Côte d’Opale


Daniel Fasquelle, Rodolphe Mesa, Private enforcements of EC antitrust: The EC Green book, A critical view, February 2006, Concurrences N° 1-2006, Art. N° 462, pp. 33-38

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