Enforcement and Procedure
- Elgar original reference
Edited by Ioannis Lianos and Damien Geradin
Chapter 4: Private enforcement in the EU with emphasis on damages actions
National courts play a key role in the enforcement of EU competition law. They may be called upon to apply Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU) in two main capacities. First, in private litigation cases, when either: _ a party raises Eu competition law arguments as a defence (‘shield litigation’); this will usually occur in cases of contractual liability, where a plaintiff claims specific performance of a contract or alleges its breach by a defendant and claims damages, while the latter raises the nullity of that contract or of parts thereof. another instance is unfair competition actions against ‘free riders’; or _ when a party puts forward a claim for injunction, damages, restitu- tion or interim measures that intends to compensate and/or to put an end to harm caused by the infringement of the Eu competition rules (‘sword litigation’).
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