Law and Practice
This chapter gives an outline of the legal basis for claims for damages for breach of EU competition law both as a matter of EU law and as a matter of national law, where relevant. A certain number of Member State jurisdictions have been selected, it being excessively difficult to include all 27 within the scope of this work, but with a view to a classification along comparative lines and to a representation of at least some important legal systems. As regards the issue from an EU law perspective, a summary of the seminal case on the issue of the underlying right to damages, the Crehan judgment of the ECJ, is given, along with a description of the accompanying national proceedings. We have focussed on the Crehan proceedings as it was in this case, as a result of the reference to the ECJ from the English Court of Appeal, that the principle of the availability of a remedy in damages for loss caused by a breach of EU competition law was first established. In addition, we go on to outline the significant developments in this jurisprudenceestablished by the ECJ in Manfredi, the other important EU law ruling of general scope in the field to date. In the initial proceedings, the defendant was a publican who had entered into a tied house agreement with the claimant under which the defendant was bound to purchase certain quantities of beer from the claimant at fixed prices and the claimant leased the pub to the defendant in return for a rent.
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