 Making contribution work: the liability of privileged and non-privileged injurers in EU competition lawCarsten Koenig European Competition Journal, 2018, vol. 14, issue 1, 110-128 Abstract: The EU Directive on Antitrust Damages Actions holds multiple injurers jointly and severally liable for the harm they cause through jointly infringing competition laws. If an injurer pays a victim more than the injurer’s share, the latter is entitled to obtain a contribution from any other infringer based on their relative responsibility for the harm caused by the infringement. While these rules are relatively clear at first view, their practical application can be complex. This is particularly true for cases involving immunity recipients, small or medium-sized enterprises, or parties to a settlement in that such injurers’ liability can be restricted on account of one of several privileges awarded by the Directive. Against this background, this article illustrates, on the basis of numerical examples, how joint and several liability, and especially contribution, work under the framework established by the Directive. It also describes and comments on additional rules that may be employed by national legislators and courts to close the remaining gaps and achieve fair and efficient results. Date: 2018 Downloads: (external link) Related works: Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text Persistent link: https://EconPapers.repec.org/RePEc:taf:recjxx:v:14:y:2018:i:1:p:110-128 Ordering information: This journal article can be ordered from DOI: 10.1080/17441056.2018.1455387 Access Statistics for this article European Competition Journal is currently edited by Philip Marsden More articles in European Competition Journal from Taylor & Francis Journals |
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