{"title":"欧盟推动私人执行竞争法是否有一个连贯的目的?","authors":"Andreas Stephan","doi":"10.38127/UQLJ.V37I1.4145","DOIUrl":null,"url":null,"abstract":"This paper argues that the EU’s efforts to promote private enforcement in competition law, lack a coherent purpose. The drive to facilitate actions for damages was originally a response to the underdeveloped and diverging nature of private enforcement rules across its Member States. Enhancing deterrence (especially through stand-alone actions) constituted a primary objective at first, but was later abandoned for an emphasis on compensating injured parties. It is argued that the 2014 Damages Directive fails on both counts and may be harming enforcement overall.","PeriodicalId":83293,"journal":{"name":"The University of Queensland law journal","volume":"24 1","pages":"153-168"},"PeriodicalIF":0.0000,"publicationDate":"2020-05-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":"{\"title\":\"Does the EU's Drive for Private Enforcement of Competition Law Have a Coherent Purpose?\",\"authors\":\"Andreas Stephan\",\"doi\":\"10.38127/UQLJ.V37I1.4145\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"This paper argues that the EU’s efforts to promote private enforcement in competition law, lack a coherent purpose. The drive to facilitate actions for damages was originally a response to the underdeveloped and diverging nature of private enforcement rules across its Member States. Enhancing deterrence (especially through stand-alone actions) constituted a primary objective at first, but was later abandoned for an emphasis on compensating injured parties. It is argued that the 2014 Damages Directive fails on both counts and may be harming enforcement overall.\",\"PeriodicalId\":83293,\"journal\":{\"name\":\"The University of Queensland law journal\",\"volume\":\"24 1\",\"pages\":\"153-168\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2020-05-18\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"1\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"The University of Queensland law journal\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.38127/UQLJ.V37I1.4145\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"The University of Queensland law journal","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.38127/UQLJ.V37I1.4145","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
Does the EU's Drive for Private Enforcement of Competition Law Have a Coherent Purpose?
This paper argues that the EU’s efforts to promote private enforcement in competition law, lack a coherent purpose. The drive to facilitate actions for damages was originally a response to the underdeveloped and diverging nature of private enforcement rules across its Member States. Enhancing deterrence (especially through stand-alone actions) constituted a primary objective at first, but was later abandoned for an emphasis on compensating injured parties. It is argued that the 2014 Damages Directive fails on both counts and may be harming enforcement overall.