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Private Antitrust Litigation In Germany From 2005 To 2007: Empirical Evidence

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  • Sebastian Peyer

Abstract

The European Commission seeks to reform antitrust damages actions for the violation of EU competition law to remove obstacles that prevent successful compensation claims. The policy and adjacent debate are based on the assumptions that very few successful private antitrust actions exist in Europe and that the present obstacles to successful damages litigation necessitate changes in the legal frameworks of the Member States. However, empirical evidence for the assumptions about the nature and magnitude of competition litigation is rare and, with respect to civil law jurisdictions, virtually non-existent. In this article, I contrast some of the main beliefs that underpin European private antitrust policy with findings from an empirical study of private antitrust litigation in Germany. The article demonstrates that the propositions as to the state and nature of private antitrust litigation only partially hold true. Antitrust litigation is more complex than the focus on one single remedy—antitrust damages actions—suggests.

Suggested Citation

  • Sebastian Peyer, 2012. "Private Antitrust Litigation In Germany From 2005 To 2007: Empirical Evidence," Journal of Competition Law and Economics, Oxford University Press, vol. 8(2), pages 331-359.
  • Handle: RePEc:oup:jcomle:v:8:y:2012:i:2:p:331-359.
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    File URL: http://hdl.handle.net/10.1093/joclec/nhs011
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    Citations

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    Cited by:

    1. Aldo González & Alejandro Micco, 2013. "Private vs Public Antitrust Enforcement: Evidence from Chile," Working Papers wp378, University of Chile, Department of Economics.
    2. Grajzl, Peter & Baniak, Andrzej, 2018. "Private enforcement, corruption, and antitrust design," Journal of Comparative Economics, Elsevier, vol. 46(1), pages 284-307.
    3. Cui Wei & Wang Zhiyuan, 2017. "The Selection of Litigation against Government Agencies: Evidence from China," Review of Law & Economics, De Gruyter, vol. 13(3), pages 1-41, November.
    4. Kai Huschelrath & Sebastian Peyer, 2013. "Public and Private Enforcement of Competition Law A Differentiated Approach," Working Paper series, University of East Anglia, Centre for Competition Policy (CCP) 2013-05, Centre for Competition Policy, University of East Anglia, Norwich, UK..
    5. Hüschelrath, Kai & Peyer, Sebastian, 2013. "Public and private enforcement of competition law: A differentiated approach," ZEW Discussion Papers 13-029, ZEW - Leibniz Centre for European Economic Research.
    6. Hans W. Friederiszick, & Linda Gratz, & Michael Rauber,, 2019. "The impact of EU cartel policy reforms on the timing of settlements in private follow-on damages disputes: An empirical assessment of cases from 2001 to 2015," ESMT Research Working Papers ESMT-19-03, ESMT European School of Management and Technology.
    7. Hans W. Friederiszick & Linda Gratz & Michael Rauber, 2019. "The impact of EU cartel policy reforms on the timing of settlements in private follow-on damages disputes: An empirical assessment of cases from 2001 to 2015," ESMT Research Working Papers ESMT-19-03_R1, ESMT European School of Management and Technology, revised 25 Jun 2020.

    More about this item

    JEL classification:

    • K21 - Law and Economics - - Regulation and Business Law - - - Antitrust Law
    • K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law

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