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
Abstract
Maximilian R. Herrle
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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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