The EU Damages Directive's Framework On Passing On Of Overcharges – Does It Work?

Introduction

Private damages actions before the national courts of EU member states and public enforcement of the EU competition law rules by competition authorities are seen as complementary tools, both of which are necessary for an effective enforcement regime. The right for victims of competition law infringements to claim damages, and the importance of such right for the full effectiveness of EU competition law, had been recognised by the European Court of Justice (ECJ) in its landmark Courage v Crehan judgment (Case C-453/99, EU:C:2001:465).

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