Private Enforcement of Competition Law in Regulated Industries: journal article Can Railway Undertakings Recover Excessive Railway Infrastructure Charges Under Article 102 TFEU? Heike Schweitzer European Competition and Regulatory Law Review, Volume 6 (2022), Issue 1, Page 4 - 16 In DB Station & Service AG, the CJEU will have to decide on the relationship between EU regulatory law – namely Directive 2001/14 – that strives to concentrate decisions on the lawfulness of infrastructure access charges with the regulatory authority, and private damage claims based on a concurrent violation of Article 102 TFEU. The referring court – the KG Berlin – proposes that national civil courts may only award competition law damages once the regulatory authority has established the illegality of the charges under regulatory law. This article argues that the KG Berlin thereby misconceives the hierarchy of norms under EU law and fails to recognise the rights conferred upon individuals by the EU competition rules. Keywords: private enforcement, regulated industries, railways, infrastructure, Article 102 TFEU
Theories of Harm in the Implementation of the Foreign Subsidies Regulation Adina Claici, Peter Davis, Gerhard Dijkstra