Economic and Legal Aspects of the Planned Damages Actions for the Breaches of EC Antitrust Law

This paper investigates the planned damages actions for breaches of EC antitrust law in order to assess their impact on consumer welfare. It first examines the current legal situation and concurs that the European Union needs to regulate damages actions for breaches of EC antitrust law so that a hig...

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Main Author: Elena Isac
Format: Article
Language:English
Published: European Institute of Romania 2010-09-01
Series:Romanian Journal of European Affairs
Subjects:
Online Access:https://rjea.ier.gov.ro/wp-content/uploads/articole/RJEA_Vol.10_No_.3_ECONOMIC_AND_LEGAL_ASPECTS_OF_THE_PLANNED_DAMAGES_ACTIONS_FOR_BREACHES_OF_EC_ANTITRUST_LAW_.pdf
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author Elena Isac
author_facet Elena Isac
author_sort Elena Isac
collection DOAJ
description This paper investigates the planned damages actions for breaches of EC antitrust law in order to assess their impact on consumer welfare. It first examines the current legal situation and concurs that the European Union needs to regulate damages actions for breaches of EC antitrust law so that a higher number of consumers could be compensated for their losses. This paper then discusses the main legal provisions proposed by the Commission in the Green and in the White paper on damages actions for breaches of EC antitrust law. The analysis of these proposed legal provisions is done using arguments specific to the economic analysis of law. It is demonstrated that most of these proposed legal provisions will enhance consumer welfare but that there are also proposed legal provisions which will damage consumer welfare. The paper concludes that the planned damages actions for breaches of the EC law will be an improvement compared to the current situation. However, the Commission should amend some of the proposed legal provisions in order to help consumers further.
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spelling doaj-art-2e9ef5e7a393450c9d5fd72e6a4aa5e72025-08-20T02:38:19ZengEuropean Institute of RomaniaRomanian Journal of European Affairs1582-82711841-42732010-09-011031629Economic and Legal Aspects of the Planned Damages Actions for the Breaches of EC Antitrust LawElena Isac0Master in Economic and Legal Studies at Central European University from BudapestThis paper investigates the planned damages actions for breaches of EC antitrust law in order to assess their impact on consumer welfare. It first examines the current legal situation and concurs that the European Union needs to regulate damages actions for breaches of EC antitrust law so that a higher number of consumers could be compensated for their losses. This paper then discusses the main legal provisions proposed by the Commission in the Green and in the White paper on damages actions for breaches of EC antitrust law. The analysis of these proposed legal provisions is done using arguments specific to the economic analysis of law. It is demonstrated that most of these proposed legal provisions will enhance consumer welfare but that there are also proposed legal provisions which will damage consumer welfare. The paper concludes that the planned damages actions for breaches of the EC law will be an improvement compared to the current situation. However, the Commission should amend some of the proposed legal provisions in order to help consumers further.https://rjea.ier.gov.ro/wp-content/uploads/articole/RJEA_Vol.10_No_.3_ECONOMIC_AND_LEGAL_ASPECTS_OF_THE_PLANNED_DAMAGES_ACTIONS_FOR_BREACHES_OF_EC_ANTITRUST_LAW_.pdfantitrust lawconsumer welfareec lawwhite paper
spellingShingle Elena Isac
Economic and Legal Aspects of the Planned Damages Actions for the Breaches of EC Antitrust Law
Romanian Journal of European Affairs
antitrust law
consumer welfare
ec law
white paper
title Economic and Legal Aspects of the Planned Damages Actions for the Breaches of EC Antitrust Law
title_full Economic and Legal Aspects of the Planned Damages Actions for the Breaches of EC Antitrust Law
title_fullStr Economic and Legal Aspects of the Planned Damages Actions for the Breaches of EC Antitrust Law
title_full_unstemmed Economic and Legal Aspects of the Planned Damages Actions for the Breaches of EC Antitrust Law
title_short Economic and Legal Aspects of the Planned Damages Actions for the Breaches of EC Antitrust Law
title_sort economic and legal aspects of the planned damages actions for the breaches of ec antitrust law
topic antitrust law
consumer welfare
ec law
white paper
url https://rjea.ier.gov.ro/wp-content/uploads/articole/RJEA_Vol.10_No_.3_ECONOMIC_AND_LEGAL_ASPECTS_OF_THE_PLANNED_DAMAGES_ACTIONS_FOR_BREACHES_OF_EC_ANTITRUST_LAW_.pdf
work_keys_str_mv AT elenaisac economicandlegalaspectsoftheplanneddamagesactionsforthebreachesofecantitrustlaw