Private enforcement of the EU competition rules: the Commission wishes to ‘practice what it preaches’… but can it do so? Comments on Otis

Publishers Abstract:
Comments on the European Court of Justice preliminary ruling in European Commission v Otis NV (C-199/11) on whether the Commission was entitled to rely on its own finding of infringement to pursue a follow-on cartel damages claim in a domestic court on behalf of the EU. Considers whether Regulation 1/2003 art.16 was compatible with the right to an impartial judge and whether the Commission breached the principle of equality of arms. Considers the case's implications for private enforcement.