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Academic Articles Awards > Private Enforcement

Defining the Role of Courts and Administrative Bodies in Private Enforcement in Europe: United in Diversity?

Bernardo Cortese, EU Competition Law: Between Public and Private Enforcement, Kluwer Law International, pp.145-172, 2014

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This study is a follow-up to a survey conducted by the author in the framework of Euro-Comp-Aid, a networking programme co-funded by the European Commission, DG Competition, and directed by the author. Several experts, mainly from National Competition Authorities (NCAs) of the EU Member States, answered a questionnaire drafted by the author of the present study.1 The present study reflects on some of the most interesting results of the survey, as to the actual impact of cooperation tools provided for by Article 15 of Regulation 1/2003. It also addresses the ways in which the legal systems of Member States complement Article 15 cooperation tools especially as concerns NCAs. Such national mechanisms of cooperation between courts dealing with private enforcement cases and public enforcement authorities are assessed by taking into account their soundness in the framework of the modernization and decentralization of EU competition law and some concerns about possible inconsistencies with the system designed by Article 267 TFEU. Due account is also taken of the role played by NCA public enforcement findings before civil courts dealing with private enforcement follow-on actions.

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