Short articles

The ECJ’s Judgment in Kone and Private Enforcement’s “Negative Harmonization Framework”: Another Brick in the Wall


The Kone judgment, the sixth judgment of the ECJ on antitrust law private enforcement claims brought under national legislation, develops two aspects of the case law. In the first place it clarifies the issue of causal link in actions for damages for breach of Articles 101 and 102 TFEU. In second place it slightly changes the Courage legality test. Some criticisms can be raised as to the reasoning of the Court since it could lead to the erroneous conclusion that the Commission has no power to deny requests from third parties seeking access to leniency documents in its possession.


antitrust law; private enforcement; court of justice legality test; national courts weighing-up power; access to leniency documents

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Antitrust & Public Policies
ISSN: 2284-3272

Iscrizione al Tribunale di Roma n. 300, del 12 dicembre 2013, modificata con registrazione n. Reg. Certificati 216 bis/2019

Last issue published on December 30, 2019