Profili di risarcimento del danno da violazione di norme antitrust
Author(s)
Ferri, Sara
Date Issued
May 16, 2017
Type
Doctoral Thesis
Abstract
The research work deals with the complex issue of identifying those who may be harmed by
competitive illness and, for such a reason, need to be protected by legal actionsagainst the lack of a
precise standard eitherin national and European law. In order to overcome the reported deficiency, it
has been adopted the Directive 104/2014/104/EU on actions for compensation of antitrust damages,
that grantsto any natural or legal person who suffered damage from a breach of competition law, the
power to claim for full compensation.
It was therefore attempted to identify those who may be subject to competitive remedies, in the
same way as Community law and the content of the directive: enterprises excluded from the illicit
practice, participating undertakings, consumers, direct purchasers, indirect buyers, suppliers,
distributors , workers and investor partners.
Consequently, the risks of such a wide recognition have come to light: allowclaims for damages
without any causal link with the illegal behavior of antitrust infringements. A risk that can only be
avoided by carefully identifying the objective assumptions that justify claims for damages. The aim
described is pursued through a meditative investigation into the causal link and the burden of proof.
Thereafter it was attempted to assess the compatibility between the solutions adopted by the Court
of Justice, the provisions of the Directive and the principles of the Italian law on burden of proof
and causal link with regard to civil liability.
Additional information
Dottorato di ricerca in Diritto dei mercati europei e globali. Crisi, diritti e regolazione
Subjects
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ferris_tesid.pdf
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