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EU law and interest on damages for infringements of competition law: a comparative report: Sweden
Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Law, Department of Law. Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Social Sciences, Department of Business Studies. (Handelsrätt, Commercial Law)ORCID iD: 0000-0002-2302-0392
2016 (English)Report (Other academic)
Abstract [en]

This long working paper (EUI interest study) explores the differences between national legal systems and assesses whether they are EU law compliant when it comes to the calculation of interest on damages resulting from antitrust infringements. The first chapter of the working paper addresses three issues: the principles that emerge from the case law of the CJEU when assessing the compliance of national rules in damages actions; the principles that emerge from EU legislation and the case law of the CJEU when considering the notion of interest payments; an assessment, based on the EU law system, of thirteen member state approaches to interest. The subsequent chapters are national reports which form the basis for the assessment to be found in chapter 1. We note that many legal systems require some reconsideration of the national approach to interest to ensure that claimants are afforded full compensation. This study comes at a time when the 28 EU member States are in the process of implementing Directive 2014/104/EU, without however being very specific on the calculation of interest. In presenting the specific features of thirteen national regimes, this working document provides guidance to all interested parties on the scope of interest as fundamental part of the EU right to full compensation. It might prove especially useful to judges in cases that call for the application of foreign laws to damages claims. This EUI interest study has been initiated and supported by CDC Cartel Damage Claims Consulting SCRL, Brussels with the aim to extend the study to the legal systems of all other EU Member States. It seeks to raise awareness of the substantial differences and potentially significant consequences thereof for the right to full compensation of damages following infringements of competition law.

Place, publisher, year, edition, pages
San Domenico di Fiesole: European University Institute , 2016. , 21 p.
, EUI Working Papers, ISSN 1725-6739 ; LAW 2016/11
Keyword [en]
EUI interest study; Private enforcement of competition law; Right to full compensation; Accrual of interest on damages amounts; Principle of effectiveness
Keyword [sv]
EU-rätt, konkurrensrätt, civilprocess, skadestånd, ränta
National Category
Research subject
European (Integration) Law
URN: urn:nbn:se:uu:diva-282622OAI: oai:DiVA.org:uu-282622DiVA: diva2:917282

Projektet har understötts av CDC Cartel Damage Claims Consulting SCRL med syfte att sprida medvetenhet om olikheter mellan de nationella rättsordningarna och dessa olikheters konsekvenser för rätten till full ersättning vid konkurrensskada.

Available from: 2016-04-06 Created: 2016-04-06 Last updated: 2016-04-06

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Strand, Magnus
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Department of LawDepartment of Business Studies

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