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date: 17 February 2020

Abstract and Keywords

This chapter examines and appraises the system for enforcing Articles 101 and 102 TFEU that has developed in the EU, and considers whether effective enforcement mechanisms have been put in place that adequately respect the rights of the undertakings or persons involved. It examines both public enforcement through the European Competition Network, comprised of the Commission and national competition authorities, and private enforcement, through civil litigation in the national courts. In particular, it considers whether the EU enforcement system, under which the Commission performs investigative, enforcement, and adjudicative functions and the role of the EU courts is confined to review of the decisions and penalties imposed, is adequate to protect the fundamental rights of the undertakings involved in investigations. It also examines the steps that have been taken at EU level to increase the volume of private litigation and to ensure full compensation for antitrust victims.

Keywords: public enforcement, private enforcement, compensation, fundamental rights, deterrence

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