Articles
The Binding Effect of NCA Decisions under the Damages Directive: Rationale and Practical Implications 
Abstract
This article analyses the practical implications of the implementation of Article 9 of the Antitrust Damages Directive, which gives decisions issued by National Competition Authorities (“NCAs”) a key role in “follow-on” damages actions. After setting the scene, by giving a short overview of the legal status prevailing before the Directive and of the institutional process that led to its adoption, the authors propose a critical analysis of Article 9 of the Directive and put forward some considerations on the main practical issues than can surface in its implementation. In this respect, a number of critical points are identified and discussed, most notably in connection with due process rights for defendants and, more generally, potential “interoperability” issues between civil and public proceedings.
Keywords
Private Enforcement; Public Enforcement; Binding Effect; Damages; Directive
Full Text:
PDFDOI: http://dx.doi.org/10.12870/iar-12024
References
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