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Subsidiarity in Directive 2014/104 EU on damages actions for breach of EU competition law

Petrucci, Carlo (2017) 'Subsidiarity in Directive 2014/104 EU on damages actions for breach of EU competition law.' European Public Law, 23 (2). pp. 395-421. ISSN 1354-3725

Subsidiarity in private enforcement (accepted for publication - EU Public Law).pdf - Accepted Version

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The article is concerned with subsidiarity in Directive 2014/104 EU on actions for antitrust damages. After providing an overview of private enforcement of competition law and subsidiarity in EU law, it examines the arguments presented by the Commission in the relevant Impact Assessments. While most of the arguments were based on the need to prevent adverse cross- border effects, of particular interest was the argument that Member States were slow or unresponsive in providing effective measures designed to compensate antitrust victims. Subsequently, it shows that the Commission?s assessment of the underlying problems was discretionary and played a pivotal role before the considerations on subsidiarity were made. On this basis, this article makes the case for subsidiarity to be understood as Member States? constructive engagement in EU action, rather than constraint on EU action.

Item Type: Article
Subjects: K Law > K Law (General)
Divisions: Faculty of Humanities
Faculty of Humanities > Law, School of
SWORD Depositor: Elements
Depositing User: Elements
Date Deposited: 13 Oct 2016 15:41
Last Modified: 06 Jan 2022 14:40

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