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In the debate on the enforcement of competition law, many take the
view that Europe should avoid the traps US law has fallen into by
admitting excessive litigation. European law should not pave the
way for judicial proceedings which ultimately serve the interests
of lawyers or other agents rather than injured parties. This
inquiry describes the state of remedies in competition law in
fifteen European countries, analyses the underlying determinants,
and proposes ways of improving the enforcement of competition law.
The International and European legal frameworks are presented, as
is the approach of US-American law. It is argued that efforts to
strengthen private enforcement of antitrust law should benefit from
the rich European experience in unfair competition law. The
divergence between the two fields of law is not so huge that a
completely different treatment is justified. Thus, a specifically
European way of competition law enforcement could be developed.
In the debate on the enforcement of competition law, many take the
view that Europe should avoid the traps US law has fallen into by
admitting excessive litigation. European law should not pave the
way for judicial proceedings which ultimately serve the interests
of lawyers or other agents rather than injured parties. This
inquiry describes the state of remedies in competition law in
fifteen European countries, analyses the underlying determinants,
and proposes ways of improving the enforcement of competition law.
The International and European legal frameworks are presented, as
is the approach of US-American law. It is argued that efforts to
strengthen private enforcement of antitrust law should benefit from
the rich European experience in unfair competition law. The
divergence between the two fields of law is not so huge that a
completely different treatment is justified. Thus, a specifically
European way of competition law enforcement could be developed.
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