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]
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]
