Leniency and the risks of private enforcement in the European union: Crossroads at the damages directive

Rai, Kanishk (2023) Leniency and the risks of private enforcement in the European union: Crossroads at the damages directive. Journal of Research Administration, 5 (2). ISSN 2573-7104

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Abstract

The Leniency regime has undoubtedly played a significant role in the detection and subsequent prosecution of cartel in the European Union. At the same time, owing to increased consumer awareness, private action claims or “compensatory claims” against antitrust infringers have also witnessed a noticeable rise. However, there seems to exist a cause-and-effect relationship between the Leniency Programme and the Private Enforcement framework wherein the latter has led to a decrease in the number of Leniency applications being filed, thereby interfering with the detection of cartels. It is against this backdrop, that this paper analyses the relationship between Private Enforcement and the Leniency regime and argues that Private Enforcement does not necessarily act as a barrier for firms to apply for leniency. While taking into account the Damages Directive, it has been argued that both Leniency and Private Enforcement can be harmoniously balanced so as to afford enough protection to both Leniency applicants as well as victims of anti-competitive behaviour.

Item Type: Article
Keywords: Leniency Regulations | Leniency Regime in the European Union | Leniency Notice | Leniency Regime in India | Leniency under Competition Law | Competition Act, 2002 | Competition Amendment Act, 2023 | Lesser Penalty Regulations in India | Section 46 of the Competition Act, 2002
Subjects: Social Sciences and humanities > Social Sciences > Social Sciences (General)
Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Dharmveer Modi
Date Deposited: 11 Mar 2025 11:32
Last Modified: 11 Mar 2025 11:32
URI: https://pure.jgu.edu.in/id/eprint/9229

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