Private Antitrust Enforcement Without Punitive Damages: A Half-Baked Reform?

Claudia Massa
2018 Yearbook of Antitrust and Regulatory Studies  
Directive 2014/104/EU on private antitrust enforcement opted for the exclusion of punitive damages from the category of recoverable damages following a violation of antitrust law. This article will outline the concept of punitive damages and analyse the relevant case-law of the courts of the Member States, of the ECtHR and of the ECJ. Then, it will examine the regime laid down in the Directive and consider the possible reasons why the European legislator opted for this exclusion. Thus, the
more » ... tunity to introduce such a provision into the European legal system will be evaluated, taking into consideration the problem of overdeterrence, the problem of the division of functions between public and private enforcement, and enforcement of intellectual property rights. Finally, a possible modification of Article 3(3) of the Directive will be suggested, in the framework of the review that the Commission is required to undertake by December 27, 2020
doi:10.7172/1689-9024.yars.2018.11.17.5 fatcat:6sxb6kbvifeddew3ncbk43bqi4