Erstatning som følge af overtrædelser af EU konkurrenceretten

Abstract

As of the last decade the question “how to estimate damages caused by an infringement of the EU Competition Law” has been discussed within the EU. Victims harmed by an infringement of article 101 or 102 TFEU have had difficulties estimating and thereby proving the loss they have suffered as a consequence of the infringement. The issue, which will be analysed and discussed within this thesis is the following: Whether it has become easier with directive 2014/104/EU for victims harmed by an infringement of the EU Competition Law to accomplish actions for damages? The issue will be answered in regards of an examination and discussion of selected articles of the directive and a conducted analysis of selected judgements from the Court of Justice of the European Union. Further an assessment of which models concerning statement of loss and damages that will be more applicable after the directive has been adopted will be conducted. Ultimately a case-analysis of a cartel within the EU regarding LCD-panels will be carried out. In conclusion it is stated that the directive will make it easier for victims, which has suffered a loss as a consequence of an infringement of the EU Competition Law to accomplish actions for damages. However there are still improvements to be made in the directive in regards to victims, who have been harmed as a consequence of the phenomenon Umbrella Pricing.