The impact of private antitrust enforcement on the effectiveness of public competition law

Abstract

The growing importance of private law antitrust enforcement also has an impact on public law antitrust enforcement, including its effectiveness. Attempts were made to reduce the negative impact by implementing Directive 2014/104/EU. It provides for new institutions, such as limiting the joint and several liability of an immunity recipient and limiting the disclosure of evidence. The legislator conservatively applies restrictions only to cartels, thereby increasing the negative impact on the principle of effective public enforcement of the law. It seems that the legislator assumed, following the CJEU, that private enforcement also has a positive impact on the principle of effectiveness of public competition law by discouraging its violation.