Striking the balance between public and private enforcement: The case for consensual compensation as a mitigating circumstance in setting fines for violations of EU competition law

10 February 2014

Jose Rivas, Georgina Eclair-Heath

Partner Jose Rivas and associate Georgina Eclair-Heath from our Competition Law Group in Brussels published this article on the Concurrence Journal N° 1-2014 of the Institute of Competition Law in February 2014.

The following abstract was taken from the Concurrence Journal site:

"The article examines the Commission’s proposal of 11 June 2013 for a directive on damages actions for infringements of EU competition law In particular, it examines the risk that, by ignoring the interaction between public and private enforcement, the proposal could lead to a situation of over-deterrence. The authors therefore propose an alternative approach to ensure that victims of competition law infringements are compensated for the harm they have suffered; a system whereby infringers are encouraged - through a reduction in the administrative fine - to compensate victims within the administrative process. Following a detailed discussion of the advantages of - and the Commission’s perceived opposition to - the scheme, the article concludes with a summary of the European Parliament’s Committee on Economic and Monetary Affairs proposed amendments to incorporate consensual compensation in the administrative process. These provide the authors with at least some hope that the treatment of consensual compensation as a mitigating factor in setting administrative fines may yet form part of the eventual EU damages directive."

To read the full article you will need to be a registered user of the Concurrences journal website.


Jose rivas

José Rivas


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