Economics 3364A/B Study Guide - Quiz Guide: Severability, Procedural Law, European Union Competition Law
24 Oct 2020
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Public enforcement = eu or national public authorities fine (accept commitments, settlements, ) in the public interest. Private enforcement = national judges award (damages) claims to private parties acting in their private interest. 4 main differences in bold above. interplay competition law economics nat"l private law: all public enforcement action should take into account private enforcement consequences cf. stand alone v follow-on actions. Private enforcement development: ecj judgments in courage (2001) and manfredi (2006, courage: a pub holder uying beer from a brewery. The pubholder is not paying to the brewer since they are in an illegal agreement. A breach of eu law can be invoked by any individual like, in a private enforcement case: 2004 ashurst report: private enforcement is totally underdeveloped in europe. ". Astonishing diversity": directive 2014/104/eu of 26. 11. 2014 but private enforcement is about more than damages. I thought i had a contract with you". Presumption of fault: damages and their calculation.
