Law and Practice
Elgar Competition Law and Practice series
This book sets out the current state of the law, both at European Union (EU) and Member State level, in relation to actions for damages for loss caused by infringements of Article 101 and 102 of the Treaty on the Functioning of the European Union (TFEU). This two-tier framework for the bringing of damages actions has given rise to the adoption of several Commission papers on the subject, and the reader is referred to these and other publications for the surrounding policy debate. We will discuss and analyse the relevant policy proposals in the chapters that follow, but our purpose is not to make policy recommendations. In terms of methodology, the approach adopted has been to start from EU law, meaning both positive law available in relation to the issues considered as well as any law that can be referred to by analogy, and also policy developments in the field. We then move on to consider the relevant law of the Member States, either used as a means of comparison to EU law, or, as often, in the absence of such law. Finally, we also examine the US system, which is arguably the most mature regime in this field, as a source of comparison to existing, or missing, EU law. As regards national law, we have not exhaustively examined the law of all 27 Member States in relation to each issue. Instead, we have adopted a comparative approach whereby we have selected representative jurisdictions from the major European legal families.