Causation in the European Union Competition Law and Decisions

2019

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DOI 10.1017/9781108552509.005
Data confidence 70 medium
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Abstract

The Directive on Damages Actions 104/2014 (the Damages Directive) has laid down a common European framework for the regulation of competition damages actions. It establishes fundamental principles, such as the right to compensation and the joint liability of antitrust infringers for such compensation. However, it explicitly avoids defining causation, thus leaving it to the domestic laws of member states. The only limit set by the EU law is the observance of the principles of equivalence and effectiveness, in line with what was already disposed by the CJEU in Manfredi. However, there are some principles addressing causation that can be found in European law and case law.