Il private enforcement del diritto della concorrenza dell'Unione europea

Abstract

The research studies civil claims for private damages due to competition infringements. The main objective of this work is to to assess the real compensatory function and the possible deterrent effect of civil antitrust claims. For this reason, the subject of anti-competitive damage is considered, in the thesis work, as a sort of testing ground for a European system of non-contractual liability, whose operational rules, in terms of causality, subjective criterion and content of the obligation to pay compensation, are reconstructed by comparing the legal traditions of the Member States. A further objective of the study is to evaluate the impact of the procedural rules dictated by Directive 2014/104/EU on the Italian civil justice system, in order to assess the real efficiency of the anti-competitive civil process.