CoRe - European Competition and Regulatory Law Review

«
1
»

The search returned 2 results.

Adina Claici, Peter Davis, Gerhard Dijkstra

European Competition and Regulatory Law Review, Volume 8 (2024), Issue 1, Page 4 - 16

In this paper, we consider the economic analysis that will be required in foreign subsidy reviews. We believe that the regime is right to adopt a case-by-case approach and that the European Commission’s analysis should be structured using well-defined theories of harm since doing so will (i) help focus the Commission’s analyses on what matters; and (ii) help reduce the risk of potentially significant error costs associated with over- or under-enforcement. The Foreign Subsidies Regulation (FSR) refers to a potential, non-exhaustive list of ‘indicators’ which it proposes to use to determine whether the foreign subsidy would distort the internal market. In this paper we provide an initial exploration of the proper role for said indicators by considering four potential theories of harm that foreign subsidies could trigger. Not all indicators will be relevant for all theories of harm, and, more generally, we illustrate the potential for theories of harm to distinguish the indicators that are relevant from those that are not. We also discuss (i) empirical evidence relating to the prevalence of foreign subsidies in different sectors of the EU economy and (ii) the importance of theories of harm for structuring evidence collection with the potential challenges and solutions when applying economic analysis to consider causality (whether the foreign subsidy distorted competition), and the magnitude – if any – of a foreign subsidy’s effects on market outcomes. Keywords: FSR; Foreign Subsidies; theory of harm; competition distortion

Francesco Rizzuto

European Competition and Regulatory Law Review, Volume 7 (2023), Issue 1, Page 64 - 75

Case C-267/20 Volvo and DAF Trucks, Judgment of the Court of Justice of the European Union (First Chamber) of 22 June 2022 This case note examines the important implications for private enforcement follow-on damages actions for infringements of EU competition law. In the Volvo and DAF Trucks ruling the CJEU has clarified a number of the key provisions of the Damages Directive that urgently required clarification given the pressures on national courts faced with increasing numbers of follow-on damages claims. It is significant ruling because it provides national courts with clear guidelines on the limitation periods and the essential information elements required by claimants for bringing actions, the temporal application of substantive and procedural provisions, as well as their definition, and confirmed that parties injured by a cartel do not have to prove the harm resulting from the infringement. Harm is presumed once an infringement as confirmed by public enforcers has taken place.

«
1
»

News

Current Issue