This book contains the proceedings from a conference on litigation and arbitration in EU competition law which we organized at LUMSA University in Rome on 8 November 2013. The motivation behind the conference arose from two principal considerations. First, in the last decade, the role of national courts in competition-related litigation has been significantly enhanced both de jure and de facto. This is linked, as is well known, to the effects of Regulation 1/2003, which (among other things) empowered national courts to apply Article 101 TFEU in its entirety in appropriate cases. These effects, combined with those of key judgments of the European Court of Justice (ECJ) which have established an EU ‘right to damages’ as compensation for injury caused by competition law infringements, are significant factors giving national courts a central role in the application of EU competition law. This shift in the institutional structure of competition law enforcement can only be reinforced by the new ‘Damages Directive’ of the European Parliament and of the Council Directive 2014/104/EU, which introduces a series of provisions governing certain aspects of private damages actions. This instrument, which has been touted as ‘democratizing’ the enforcement of competition law, is discussed in several of the chapters that follow. Whether a democratization of enforcement (a concept not altogether clear) is to emerge in Europe remains to be seen.
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