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The Public Interest in Private Enforcement of Competition Law via Damages Claims

Publication at Faculty of Law |
2021

Abstract

The contribution deals with the public interest in the enforcement of competition law. In this framework, it contrasts and balances various "sub-interests": the public interest in competition law enforcement in general, the public interest in effective public competition law enforcement, the public interest in private competition law enforcement, and the individual interest in compensating harm caused by anticompetitive conduct.

Although it may seem at first sight that these interests are in line, this is not the case, and the legislator has ultimately had to make compromises that have not always been for the good of the cause.