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Impact Assessment of the "Damages Directive": Abuse of Dominance Cases

Author

Listed:
  • Ilona Dielen

    (Université Paris-Est Créteil, ERUDITE, France
    Université Côte d’Azur, CNRS, GREDEG, France)

  • Jeanne Mouton

    (European Commission, Brussels)

Abstract

This study assesses the effect of Directive 2014/104/EU on the likelihood of success of private actions for damages related to abuse of a dominant position. Based on an original database of 194 decisions between 1988 and 2022 in France, Italy and the United Kingdom, the analysis is based on an identification by difference in differences with fixed country and sector effects. The effect is estimated by targeting the cases most likely to be affected by the Directive, namely stand-alone actions for damages. The results reveal a significant differential effect of the Directive, contributing to the empirical assessment of its impact on the effectiveness of the right to compensation in private competition litigation.

Suggested Citation

  • Ilona Dielen & Jeanne Mouton, 2025. "Impact Assessment of the "Damages Directive": Abuse of Dominance Cases," GREDEG Working Papers 2025-42, Groupe de REcherche en Droit, Economie, Gestion (GREDEG CNRS), Université Côte d'Azur, France.
    • Handle: RePEc:gre:wpaper:2025-42
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    JEL classification:

    • K21 - Law and Economics - - Regulation and Business Law - - - Antitrust Law
    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process
    • C21 - Mathematical and Quantitative Methods - - Single Equation Models; Single Variables - - - Cross-Sectional Models; Spatial Models; Treatment Effect Models
    • H83 - Public Economics - - Miscellaneous Issues - - - Public Administration

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