Access to Justice in European Competition Law - Public Enforcement as a Supplementary Channel for 'Corrective Compensation'

Journal article

In competition law, 'access to justice is commonly associated with compensating victims of anticompetitive infringements. This 'private enforcement' of competition law concerns claims for damages launched by those who have suffered financial harm against the violators of competition law. However, shortcomings in the accessibility to, and the effectiveness of compensatory court proceedings in Europe, limit their true value. This article considers the possible use of public enforcement as a supplementary measure, providing a nonjudicial channel for corrective justice. It explores the challenges and limitations of such a scheme and puts forward a proposal for a mixed approach to enforcement. © LexisNexis, 2011.

Authors: Ezrachi, A; Ioannidou, M

• Publication status: Published
• Journal: ASIA PACIFIC LAW REVIEW
• Volume: 19
• Issue: 2
• Pages: 195-216
• Publication date: 2011-01-01
• ISSN: 1019-2557
• Language: English