Handbook on European Competition Law
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Handbook on European Competition Law

Enforcement and Procedure

Edited by Ioannis Lianos and Damien Geradin

Handbook on European Competition Law: Enforcement and Procedure sets out in detail the procedural aspects of EU competition law, ranging from fines, remedies and judicial review. It also gives unique insight into both private and public enforcement of completion law, and offers commentary on the relationship between EU competition law and national competition law, and on the relationship between competition law and private international law.
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Chapter 4: Private enforcement in the EU with emphasis on damages actions

Assimakis P. Komninos


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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