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Publishers Abstract:
In December 2005, the European Commission (EC) presented its long awaited Green Paper on Damages Actions for breach of the EC antitrust rules. Following a short description of motives and objectives, the Paper lists a number of legislative options for improving the enforcement of civil law sanctions for violations of EC Competition law in the Member States. While it is certainly not an irrelevant factor, private enforcement in the European Union is still very far from being an efficient complement to administrative antitrust control. Most of the options presented in the Green Paper relate in one way or another to what clearly constitutes the most important obstacle to the enforcement of cartel damages claims, namely the significant and often prohibitive cost risk associated with such proceedings. The submission attempts to demonstrate that legislative action facilitating the enforcement of antitrust damages claims is both possible and desirable.
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