Commitment decisions and private antitrust enforcement
This article provides a critical overview on the interaction between private antitrust enforcement and commitment decisions. Over the last few years there has been a significant use of commitment decisions, especially in Italy, to solve competition concerns in numerous cases, with the sole exclusion of hard core restrictions. The use of this type of decisions makes private antitrust enforcement more difficult, as without a formal finding of an infringement recovery of damages may be more burdensome and difficult for injured parties: this raises the issue of the probatory value of commitment decisions. In this respect, some recent case law provides indications on the private enforceability of decisions accepting commitments from parties in national courts. Other evidence that may be used in civil actions may also be obtained through access to the file. In the authors' opinion, the issues discussed are particularly relevant in light of the growing interest in Italy and in Europe for a more effective private enforcement as an additional tool to enhance protection of competition.
If you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.
As the access to this document is restricted, you may want to look for a different version under "Related research" (further below) or search for a different version of it.
When requesting a correction, please mention this item's handle: RePEc:mul:jhpfyn:doi:10.1434/36773:y:2012:i:1:p:69-116. See general information about how to correct material in RePEc.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: ()
If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.
If references are entirely missing, you can add them using this form.
If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.
If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.
Please note that corrections may take a couple of weeks to filter through the various RePEc services.