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Indirect Purchasers, Passing-On and the New Directive on Competition Law Damages
Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Law, Department of Law. (Europarättsliga studier)ORCID iD: 0000-0002-2302-0392
2014 (English)In: European Competition Journal, ISSN 1744-1056, Vol. 10, no 2, 361-386 p.Article in journal (Refereed) Published
Abstract [en]

This article aims to report and to analyse the approach chosen in the upcoming directive on damages for a breach of competition law, and accompanying instruments, to the position of indirect purchasers. It is argued that the directive should have included a main rule of access to court for indirect purchasers, and it is suggested that it could have included a specific rebuttable presumption for causation in order to facilitate actions by indirect purchasers. It is explained that the new regime focuses on compensatory heads of damages, ruling out punitive as well as restitutionary damages. With regard to passing-on, it is noticed that the availability of a defence of passing-on is explicitly endorsed in Article 13, and that indirect purchasers are provided with some latitude in establishing passing-on to them in Article 14. Overall, it is concluded that the directive leaves many open ends that promise a future of legal development in private enforcement of competition law.

Place, publisher, year, edition, pages
Oxford: Hart Publishing Ltd, 2014. Vol. 10, no 2, 361-386 p.
Keyword [en]
competition law, EU law, damages, passing-on, indirect purchasers
National Category
Law (excluding Law and Society)
Research subject
European (Integration) Law
URN: urn:nbn:se:uu:diva-231012DOI: 10.5235/17441056.10.2.361OAI: oai:DiVA.org:uu-231012DiVA: diva2:742776
The problem of 'passing-on' in private enforcement of EU law
Available from: 2014-09-02 Created: 2014-09-02 Last updated: 2015-01-22Bibliographically approved

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