The Challenges of Implementing the New Civil Liability System due to Violation of Competition Rules in the European Union

Abstract

With the adoption of the EU Compensation Guidelines for the 2014 EU Anti-Monopoly Act to compensate for all damages and even profits and lost profits (direct and indirect purchasers), absolute liability was foreseen for violators of competition law. There are exceptions to this rule, of course. This did not happen until the end of 2016, despite the Member States' requirement to implement these rules in their national legal system due to legislative and administrative challenges. Some of the challenges are related to being possibility to turn us over to absolute responsibility or agree contrary to the rules of procedure, the deterrence aspect, litigation, challenges associated with indirect buyers at the end of the supply chain and informing buyers These challenges and other challenges that have arisen have led to the Union issuing a statement on how to implement the provisions of this directive in the legal system of the Member States. Identifying these challenges and the solutions offered in this regard can pave the way for legislative policy-making for the development and enhancement of competition law rules in the Iranian legal system.

Keywords

• violation of competition laws
• european union
• absolute liability
• civil liability
• antitrust acts