Friday, August 28, 2009
Against Positive Harmonization: The European Commission Proposal to Strengthen the Private Enforcement of Competition Law
Posted by D. Daniel Sokol
Jesus Alfaro, AUTONOMA UNIVERSITY OF MADRID writes Against Positive Harmonization: The European Commission Proposal to Strengthen the Private Enforcement of Competition Law.
ABSTRACT: This paper questions the advisability of a positive harmonization of Competition Law within the European Union. The White Paper on Damages Actions for Breach of EC Antitrust Rules (2008) tries to solve an inexistent problem: the insufficient enforcement of antitrust rules by the judiciary and citizens. Notwithstanding, the European Commission neglects the real problem: the lack of enforcement of the mentioned rules by national and European authorities.