Private Enforcement of EC Competition Law

Abstract: Private enforcement of EC competition law involves private parties enforcing the competition law through civil damage claims in national courts. The legal basis for such actions under EC law has been uncertain, but was clarified in the case Courage v. Crehan. It is now unquestionable that private parties are allowed to bring damage suits under EC law, but whether they will, is another question. Private enforcement under the current EC law presents certain problems. Firstly, almost no substantial rules of private enforcement exist, so national courts have to fill the gaps with national law. This of course endangers the uniform application of EC law. Secondly, few legal incentives to spur private actions exit under EC law. Thirdly, the EC private enforcement system also lacks certain legal features which enable private parties to bring successful damages suits. In contrast to the EC system, the U.S. system illustrates how an effective system of private enforcement works. The U.S. system also illustrates how private actions can be encourage and supported with legal features such as pre-trial discover, class actions, contingency fees, and treble damages. Whether legal features of U.S kind also will be adopted by the EC remains uncertain, but one thing is for sure, a great interest in creating a system of effective private enforcement exists within the Community. This is, among other efforts, manifested by the commissioning of the Ashurst Study on the Conditions of Claims for Damages in Cases of Infringement of EC Competition Rules.