2014•SSRN Electronic JournalOpen access

Private Enforcement of Competition Law in Europe and the U.S. - A Critical Study on Damages Concepts with a Plea for Revisiting Native Civil Law Solution Approaches

Maximilian R. Herrle

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Abstract

The paper undertakes a comparative examination of damages compensation concepts being available in the setting of antitrust law infringement induced damages in European (especially German) legal systems and the U.S. jurisdiction. It is found that the German system of interest and compound interest on antitrust damages plays an important compensatory role compared to treble, lump sum and punitive damages being available under U.S. antitrust law.

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What this paper is about

The paper undertakes a comparative examination of damages compensation concepts being available in the setting of antitrust law infringement induced damages in European (especially German) legal systems and the U.S. jurisdiction. It is found that the German system of interest and compound interest on antitrust damages plays an important compensatory role compared to treble, lump sum and punitive damages being available under U.S. antitrust law.

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Available abstract

The paper undertakes a comparative examination of damages compensation concepts being available in the setting of antitrust law infringement induced damages in European (especially German) legal systems and the U.S. jurisdiction. It is found that the German system of interest and compound interest on antitrust damages plays an important compensatory role compared to treble, lump sum and punitive damages being available under U.S. antitrust law.

Key concepts: Damages, Punitive damages, Law, Jurisdiction, Competition law, Political science, Competition (biology), German

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Private Enforcement of Competition Law in Europe and the U.S. - A Critical Study on Damages Concepts with a Plea for Revisiting Native Civil Law Solution Approaches — Research Paper | ScholarLens