Volume 50 (2013) / Issue 4
This article discusses current EU Competition law remedies in light of the key parameters termination, compensation, restoration and deterrence. Both public remedies available under Regulation No 1 and private remedies under national law are examined. A first aim is to test the ability of the current body of remedies to achieve effective enforcement, measured against the aforementioned parameters. A second aim is to examine whether there are tensions between different forms of remedies and their respective functions which may impact adversely on effective competition law enforcement. The article identifies several shortcomings, both with regard to the development of specific remedies and coordination between different forms of remedies. It is argued that Article 7 decisions may fill a flexible and prospective function, and that these aspects remain under-developed, partly because of the increased use of Article 9 commitment decisions. Moreover, the author points to a pressing need for better coordination between remedies with different functions. It is particularly argued that private enforcement should be more limited than currently reflected in the ECJ case law, and that it should be better integrated with public enforcement.
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