Public e private antitrust enforcement alla luce della direttiva 2014/104/UE: l’equilibrio alterato

Abstract

Directive 2014/104/EU introduces a harmonized framework on antitrust damages. On the one hand, it contains provisions aimed at ensuring full compensation for damages; on the other hand, it provides rules for the coordination of civil actions with public antitrust proceedings. This paper analyzes how the Directive has changed the relationship between public and private antitrust enforcement, by requiring national courts to take the public interest into consideration also in disputes between private individuals. In the author’s opinion, a proof of this changed relationship is to be found in the binding effects, recognized to domestic antitrust authorities’ decisions, in actions for damages brought before national courts under Article 101 or 102 TFEU.