Unit:
Κατεύθυνση Ευρωπαϊκό ΔίκαιοLibrary of the School of Law
Author:
Manikas Konstantinos
Supervisors info:
Ρεβέκκα-Εμμανουέλα Παπαδοπούλου, Επίκουρη Καθηγήτρια Δικαίου ΕΕ, Νομική Σχολή, Εθνικό και Καποδιστριακό Πανεπιστήμιο Αθηνών
Μεταξία Κουσκουνά, Επίκουρη Καθηγήτρια Δικαίου ΕΕ, Νομική Σχολή, Εθνικό και Καποδιστριακό Πανεπιστήμιο Αθηνών
Εμμανουήλ Περάκης, Επίκουρος Καθηγητής Δικαίου ΕΕ, Νομική Σχολή, Εθνικό και Καποδιστριακό Πανεπιστήμιο Αθηνών
Original Title:
The interaction between public and private enforcement of EU competition law
Translated title:
The interaction between public and private enforcement of EU competition law
Summary:
The present dissertation aims to provide a critical overview of the dual system of enforcement of EU competition law, namely public and private enforcement, and explore the interaction between them. Although eighteen years have passed since the express recognition by the CJEU of a right to claim damages for loss caused by conduct liable to restrict or distort competition, the clarification of the interrelations between the rules governing the exercise of such right and those governing enforcement by competition authorities continues to be a highly relevant matter. As effective competition is a prerequisite for the proper functioning of the internal market, lying in the foundations of the EU, optimal coordination between the two systems is not only desirable, but necessary; hence the need to examine their mutual interaction in the context of current trends and developments in the EU legal order.
The introduction to the dissertation seeks to provide an insight into the development of the two systems of enforcement of EU competition law, as well as their main objectives and characteristics. Albeit in principle designed to function in parallel and complementarily, the two enforcement models may under certain circumstances become subject to a hierarchy, which entails that the one may take precedence over the other. On this premise, the main body of the dissertation is divided in two (contrasting) parts: the first part highlights aspects of convergence between the two systems, understood as rules and mechanisms which seek to guarantee that the two systems function complementarily in a coherent manner, while the second part focuses on aspects of hierarchy, understood as rules and mechanisms which give precedence to one form of enforcement mainly to preserve its effectiveness. Such aspects are assessed from both a substantive and a procedural perspective.
The main body of the dissertation is followed by conclusions concerning the current interplay between the two forms of enforcement of EU competition law as well as proposals for further coherence.
Main subject category:
Law and Legislation
Other subject categories:
European law
Keywords:
EU law, EU competition law, competition, public enforcement, private enforcement
