Date: 2024
Type: Thesis
Shaping liability in private enforcement actions : a framework from tort and competition damages law in Europe and the United States
Florence : European University Institute, 2024, EUI, LAW, PhD Thesis
BACHARIS, Grigorios, Shaping liability in private enforcement actions : a framework from tort and competition damages law in Europe and the United States, Florence : European University Institute, 2024, EUI, LAW, PhD Thesis - https://hdl.handle.net/1814/76966
Retrieved from Cadmus, EUI Research Repository
Private enforcement—the pursuit of public policies through private plaintiff litigation — is used more than in the past, with the United States and the European Union as two of its main promoters. Theoretical and practical problems arise as private law, designed for another purpose, needs to change to adapt to the demands of enforcing public policy. The main question is how to change existing tort law rules to incentivise enforcement without sacrificing the structure and rationality of private law. Focusing on substantive law and specifically on the conditions of liability, I will ask how and why they should change, if at all. For this reason, I will use competition damages claims in the EU and the US as the primary case study, investigating how standing, causation, fault, and passive liability, are shaped in this area compared to general tort law.
Additional information:
Defence date: 12 June 2024; Examining Board: Prof. Stefan Grundmann (Humboldt University, supervisor); Prof. Martijn Hesselink (European University Institute); Prof. Olha Cherednychenko (University of Groningen); Prof. Dörte Poelzig (University of Hamburg)
Cadmus permanent link: https://hdl.handle.net/1814/76966
Full-text via DOI: 10.2870/25740
Series/Number: EUI; LAW; PhD Thesis
Publisher: European University Institute
Preceding version: https://hdl.handle.net/1814/76943
Version: Chapter 8 'Standing' of the PhD thesis draws upon an earlier version published as an article 'Is 'more' better? : broadening the right to sue in competition damages claims in both sides of the Atlantic' (2022) in the journal 'Journal of European competition law & practice'.