The overarching principle of full effectiveness in compensation for indirect losses: the lesson from C-435/18 Otis and Others

Xiaowen Tan

European Competition Journal, 2020, vol. 16, issue 2-3, 387-403

Abstract: Inspired by Case C-435/18 Otis and Others, this article examines central issues raised in Otis and Others, such as who can claim compensation, what harm is genuinely relevant, and the issue of causation. The Court of Justice of the European Union relies on the principle of full effectiveness of EU competition law to ensure that all causally relevant harm is actionable, and thus achieves a very broad protection of the right to full compensation. As a result, in cases involving both competition law and other legal areas, such as contract law and tort law, EU law and CJEU caselaw apply instead of national law and national caselaw. The increasing and problematic dependence on the principle of full effectiveness may develop damages actions for competition law infringements as an independent category of tort governed by a highly specialized set of rules.

Date: 2020
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DOI: 10.1080/17441056.2020.1805696

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