{"title":"文章:单次违反竞争法:谁应承担什么责任?","authors":"Toni Kalliokoski, K. Havu","doi":"10.54648/cola2024027","DOIUrl":null,"url":null,"abstract":"The private enforcement of EU competition law depends on national remedial and procedural rules. Both EU law and national rules require a causal link to be established between a harmful event and the resultant harm. The content of this causal link is mostly a matter for national rules. The ECJ case law on the nature of said causal link therefore remains underdeveloped, even though the issue of causality is highly relevant as it concerns every private enforcement case. This article explores the implications of the EU competition law notion of “single infringement” for private enforcement in general and for the understanding of the concepts of “harmful event” and “causal link” in particular. EU-level case law is analysed to determine how the finding of a single infringement could impact private enforcement. It is argued that EU competition law likely affects the application of national causality rules by defining the relevant harmful event through the concept of “single infringement”.\nEU competition law; single infringement; private enforcement; damages claims; national courts","PeriodicalId":47406,"journal":{"name":"Common Market Law Review","volume":null,"pages":null},"PeriodicalIF":1.7000,"publicationDate":"2024-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Article: Single Infringements of Competition Law: Who is liable for what?\",\"authors\":\"Toni Kalliokoski, K. Havu\",\"doi\":\"10.54648/cola2024027\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The private enforcement of EU competition law depends on national remedial and procedural rules. Both EU law and national rules require a causal link to be established between a harmful event and the resultant harm. The content of this causal link is mostly a matter for national rules. The ECJ case law on the nature of said causal link therefore remains underdeveloped, even though the issue of causality is highly relevant as it concerns every private enforcement case. This article explores the implications of the EU competition law notion of “single infringement” for private enforcement in general and for the understanding of the concepts of “harmful event” and “causal link” in particular. EU-level case law is analysed to determine how the finding of a single infringement could impact private enforcement. It is argued that EU competition law likely affects the application of national causality rules by defining the relevant harmful event through the concept of “single infringement”.\\nEU competition law; single infringement; private enforcement; damages claims; national courts\",\"PeriodicalId\":47406,\"journal\":{\"name\":\"Common Market Law Review\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":1.7000,\"publicationDate\":\"2024-04-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Common Market Law Review\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://doi.org/10.54648/cola2024027\",\"RegionNum\":2,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"INTERNATIONAL RELATIONS\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Common Market Law Review","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.54648/cola2024027","RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"INTERNATIONAL RELATIONS","Score":null,"Total":0}
Article: Single Infringements of Competition Law: Who is liable for what?
The private enforcement of EU competition law depends on national remedial and procedural rules. Both EU law and national rules require a causal link to be established between a harmful event and the resultant harm. The content of this causal link is mostly a matter for national rules. The ECJ case law on the nature of said causal link therefore remains underdeveloped, even though the issue of causality is highly relevant as it concerns every private enforcement case. This article explores the implications of the EU competition law notion of “single infringement” for private enforcement in general and for the understanding of the concepts of “harmful event” and “causal link” in particular. EU-level case law is analysed to determine how the finding of a single infringement could impact private enforcement. It is argued that EU competition law likely affects the application of national causality rules by defining the relevant harmful event through the concept of “single infringement”.
EU competition law; single infringement; private enforcement; damages claims; national courts
期刊介绍:
The Common Market Law Review has provided a forum for the keenest legal minds in the fields for more than 40 years. Because of the international composition of its Editorial Board, and in view of the fact that it is able to attract contributions from all over Europe, and from the United States, the Review is able to adopt a unique approach to capitilize Community issues. Each issue contains articles dealing with matters of current interest; the authoritative treatment given to each topic ensures lasting juridical value. This pre-eminent journal brings you detailed, in-depth examination of the most pressing and far-reaching issues on Community Law.