Summary Private Enforcement

Private Enforcement

PRIVATE ENFORCEMENT ACTIONS

 ‘Follow-on’ action – Reliance on prior infringement decision of EC/NCA
(mostly used).
 ‘Stand-alone’ action – NO reliance on infringement decision.


EU LAW

 Arts 101 + 102 TFEU => May be enforced by national courts (Art 6
Modernisation Regulation).
 EC + National Courts => Can cooperate (Art 15).
 National Court decision > CANNOT counter w/ EC decision (Art 16).


UK LAW

 Once relevant regulator (CMA/EC) establishes breach => Claims =>
Competition Appeal Tribunal (CAT) (s. 47A CA98).


PRIVATE ENFORCEMENT IN THE UK

a) Damages

Type of
Aim Effect
damage



 Compensate C for  Overcharge cases (cartel): Damages =
loss suffered. [Excess price paid due to cartel] – [Price
Compensatory
 Often accompanied that would have been payable but for
by award of interest. cartel]