Joint and Several Liability in EU Competition Law

This book provides a comprehensive analysis of contribution claims in EU competition law, drawing on historical and current practice, and offering clarity on the relationship between competition law and joint and several liability. It examines the requirements for making contribution claims, the criteria for dividing antitrust liability, and the impact of EU Directive 2014/10.

Format: Hardback
Length: 350 pages
Publication date: 22 September 2022
Publisher: Cambridge University Press

Contribution claims in antitrust are a contentious and under-researched area in the legal literature. This book offers the first comprehensive analysis of contribution claims in EU competition law. By drawing on the historical and current practice of EU and national courts, as well as national laws of major EU jurisdictions, it provides concrete and practical explanations of contribution claims in antitrust law. It also offers clarity on the relationship between competition law and joint and several liability, guiding those concerned by contribution claims through the issues that are likely to arise. Topics examined include the requirements competition law sets for contribution claims, the criteria for dividing antitrust liability between individual co-infringers, the impact of EU Directive 2014/10, and whether liability-sharing agreements can resolve the problems joint and several liability brings to EU competition law.

Introduction:
Contribution claims in antitrust are a controversial and under-researched area in the legal literature. While antitrust law has been in place for decades, the issue of contribution claims has only recently gained attention. These claims arise when one defendant is found to have contributed to an antitrust violation, but the extent of its contribution is disputed. In the EU, contribution claims are particularly relevant as the EU competition law allows for joint and several liability, which means that all defendants who participated in an antitrust violation can be held jointly and severally liable for the damages caused.

The Requirements of Competition Law for Contribution Claims:
Competition law sets forth certain requirements for the filing of contribution claims. These requirements vary depending on the jurisdiction and the specific circumstances of the case. In general, however, competition law requires that the claimant establish that the defendant contributed to an antitrust violation and that the contribution was significant. The claimant must also demonstrate that the defendant's conduct was illegal and that it caused harm to the competition.

The Criteria for Dividing Antitrust Liability Between Individual Co-Infringers:
Once a defendant has been found to have contributed to an antitrust violation, the question of dividing antitrust liability between individual co-infringers arises. The criteria for dividing liability between co-infringers vary depending on the jurisdiction and the specific circumstances of the case. In general, however, liability is divided based on the level of participation and the level of harm caused by each defendant.

The Impact of EU Directive 2014/10:
EU Directive 2014/10, which was adopted by the European Union in 2014, has had a significant impact on contribution claims in antitrust law. The Directive provides for a regime of liability-sharing agreements, which allow defendants to agree to divide their liability for an antitrust violation. Liability-sharing agreements can be used to resolve the problems that joint and several liability brings to EU competition law, such as the risk of over-punishment and the difficulty of allocating damages.

Whether Liability-Sharing Agreements Can Resolve the Problems Joint and Several Liability Brings to EU Competition Law:
While liability-sharing agreements can be useful in resolving some of the problems that joint and several liability brings to EU competition law, they are not without their limitations. Liability-sharing agreements can be difficult to negotiate and enforce, and they may not always provide a fair distribution of liability. Additionally, liability-sharing agreements may not be available to all defendants, particularly those who are small or medium-sized enterprises.

Conclusion:
Contribution claims in antitrust are a contentious and under-researched area in the legal literature. This book provides the first comprehensive analysis of contribution claims in EU competition law. By drawing on the historical and current practice of EU and national courts, as well as national laws of major EU jurisdictions, it offers concrete and practical explanations of contribution claims in antitrust law. It also offers clarity on the relationship between competition law and joint and several liability, guiding those concerned by contribution claims through the issues that are likely to arise. While liability-sharing agreements can be useful in resolving some of the problems that joint and several liability brings to EU competition law, they are not without their limitations. It is important for policymakers and practitioners to continue to explore and develop the law in this area to ensure that competition law is effective in promoting fair competition and protecting consumers.

Weight: 568g
Dimension: 160 x 236 x 25 (mm)
ISBN-13: 9781108839310