Competition Damages Actions and Leniency Programmes. Irreconcilable Conflict, or Potential Harmony?
Competition Damages Actions and Leniency Programmes. Irreconcilable Conflict, or Potential Harmony?

Summary/Abstract: The present study examines the relationship between the private enforcement of competition law and the most important legal instrument in the toolkit of public enforcement of competition law, the leniency policy, through the EU legal environment relevant to this legal instrument and the case law implementing it. The present paper will discuss the impact of Directive 2014/104/EU of the European Parliament and of the Council of the European Union on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union (the Directive) on the relationship between private enforcement of competition law and leniency. I will assess the impact of the private enforcement of competition law on the application of leniency policy. The main aim of the study is to present and evaluate the solutions and their results that the Directive has sought to resolve the conflict between the private enforcement of competition law and the application of leniency.

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