Does the EU's Drive for Private Enforcement of Competition Law Have a Coherent Purpose?

Abstract

This paper argues that the EU’s efforts to promote private enforcement in competition law, lack a coherent purpose. The drive to facilitate actions for damages was originally a response to the underdeveloped and diverging nature of private enforcement rules across its Member States. Enhancing deterrence (especially through stand-alone actions) constituted a primary objective at first, but was later abandoned for an emphasis on compensating injured parties. It is argued that the 2014 Damages Directive fails on both counts and may be harming enforcement overall.