The 'Right to Damages' Under EU Competition Law
From Courage v. Crehan to the White Paper and Beyond

Through the perception of 'private enforcement' of EU competition law as an enduring legal and socio-political reality that is likely to remain, this book sheds new light on EU constitutional law and the ever-expanding influence of EU law on (largely national) private law.

Through the perception of 'private enforcement' of EU competition law as an enduring legal and socio-political reality that is likely to remain, this book sheds new and powerful light on EU constitutional law and the ever-expanding influence of EU law on (largely national) private law. Although the practical availability of damages in national judicial fora is an issue which is still very far from being satisfactorily resolved, this far-reaching study reveals a trend that seems virtually inevitable, and will be of enormous interest to academics and policymakers concerned not only with competition law but with the very basis of EU law.

Introduction. 1. Competition Law and Enforcement. 2. Commission Initiatives: From the Deringer Report to the Modernisation Regulation. 3. The Rise of the Right to Damages. 4. Developing the Right to Damages. 5. The Concepts of Liability, Legal Basis and Fault. 6. Damage, Damages and Causation. 7. Nullity. 8. Restitution. 9. Pass-on, Indirect Purchasers and Antitrust Injury: 'The Right Plaintiff' under US Law. 10. The 'Right Plaintiff' under EU Law. 11. The 'Binding Effect' of Commission Decisions. 12. The Binding Effect of Decisions of National Competition Authorities. 13. Legislating the Right to Damages. 14. General Conclusions and a Possible Additional Option. Bibliography.