Pass-on defense and claims by indirect purchasers under EU law. Directive 2014/104 and US solutions

      Аннотация: This book examines the issues of passing-on defense and claims by indirect purchasers on EU level. The current state of affairs and all important developments that led to it are presented. An important comparison with the US system of private enforcement of competition law is provided for the better understanding of the subject and the logic, which influenced certain policy decisions. The work aims at explaining the solutions Directive 2014/104/EU (the Damages Directive) supported and the possible problems that can arise with the explicit admission of pass-on defense and claims by indirect purchasers in the EU. My goal is to show that such admission represents the better approach to the issue. At the same time it should be borne in mind that the adoption of certain solutions leads to the bolstering of some goals of private enforcement of competition law and to the lessening of others. Thus, some complications in the subject of passing-on defense and claims by indirect purchasers are to be expected.

Ключевые слова: EU Competition law, Passing on defense, Claims by indirect purchasers, Private enforcement of EU Competition law, Directive 2014/104/EU