Economics 3366A/B Study Guide - Quiz Guide: Erga Omnes, Collective Action
22 Sep 2020
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What: public enforcement = eu or national public authorities fine (accept commitments, settlements etc. ) in the public interest, private enforcement = national judges award (damages) claims to private parties acting in their private interest. Interplay competition law, economics and national private law. All public enforcement action should take into account private enforcement consequences (c. f. stand-alone v follow-on actions) Directive 2014/104 (but private enforcement is about more than damages) Article 101(2) tfeu: any agreements or decisions prohibited pursuant to article 101(1) shall be automatically void . All these questions are answered by national law! Who can start action and where: active and passive standing, private international law (forum shopping) Manfredi: actual loss & loss of profits; equivalence & effectiveness: presumption of damage, passing-on defence. Access to evidence (pfleiderer judgement; see slides) On certain rules governing actions for damages under national law for infringements of the competition law provisions of the ms and the eu .
