'An analysis of the implications of the EU Directive on Antitrust Damages Actions for private damages actions under Articles 101 and/or 102 TFEU in Member State courts'
BA, M.Phil, LL.B, Dip.L.P, Qualified Solicitor (Scotland & England/Wales)
Thesis overview In November 2014, the European Union adopted its Directive on Antitrust Damages Actions. This is designed to approximate some of the key rules governing the bringing of damages actions in Member State courts under Articles 101 and/or 102 of the Treaty on the Functioning of the European Union (either exclusively or in conjunction with national competition laws).The primary aim of the Directive is to ensure that those harmed as a result of infringements of Articles 101 and/or 102 have an effective right to claim compensation from the infringing parties in respect of damage suffered.
My thesis analyses the implications of the Directive from various perspectives. First, it asks how the rules set out in the Directive correspond with existing national rules and what actions Member States may require to take to transpose the Directive into national law. Secondly, the thesis asks whether the Directive has implications for the harmonisation of national tort law beyond the sphere of competition law. Thirdly it asks how likely the Directive is to result in a greater level of private enforcement of EU competition law. Finally, it is asked what could or should be done in order to assist the Directive in achieving its stated aims. Courses taught on at the University of Edinburgh: EU Law (Ordinary) European Competition and Innovation (LLM) Corporate Compliance (LLM)