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Publishers Abstract:
The Green Paper on damages for breach of competition law in Europe raises a series of important issues not just about European policy on competition and its regulation and enforcement, but also about the potential impact on European civil justice systems. Much attention will be given to the former issues by experts in competition law. As is well known, EU competition law has been undergoing thorough modernisation in many respects. The Green Paper from the Directorate-General on Competition of the European Commission, issued in December 2005, asks for comments on a sequence of possible reforms on enhancing damages claims. The proposed approach to assist damages claims for breach of competition law is highly influenced by a desire to introduce the American mechanism of using civil litigation as a regulatory tool. Yet the justification for change is based on a series of assumptions that are not yet substantiated by empirical evidence.
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