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From Courage v Crehan to the White Paper – The Changing Landscape of European Private Enforcement and the Possible Implications for Article 82 EC Litigation

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Abuse of Dominant Position: New Interpretation, New Enforcement Mechanisms?

Part of the book series: MPI Studies on Intellectual Property, Competition and Tax Law ((MSIP,volume 5))

This paper explores the developments which have shaped European private enforcement of competition laws to date. In addition, it considers the interplay between the proposed reforms of private enforcement in Europe and the recent discussion on Article 82 EC.

The paper is divided into four sections. It first considers the value of private action and sheds light on its significance to competition enforcement. Following this, it reviews the development of private enforcement in Europe. This discussion serves as the basis for the following section, which considers the main challenges for, and obstacles to, private enforcement in Europe. In the last part, this state of affairs is assessed in light of the recent developments related to Article 82 EC, to present a picture of its application in national courts.

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© 2008 Springer-Verlag Berlin Heidelberg

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Ezrachi, A. (2008). From Courage v Crehan to the White Paper – The Changing Landscape of European Private Enforcement and the Possible Implications for Article 82 EC Litigation. In: Mackenrodt, MO., Gallego, B.C., Enchelmaier, S. (eds) Abuse of Dominant Position: New Interpretation, New Enforcement Mechanisms?. MPI Studies on Intellectual Property, Competition and Tax Law, vol 5. Springer, Berlin, Heidelberg. https://doi.org/10.1007/978-3-540-69965-1_5

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