Has the time come to federalize private competition law? The autonomous concept of undertaking in the CJEU's ruling in Case C-724/17 Vantaa v. Skanska: Case C-724/17 Vantaan kaupunki v. Skanska Industrial Solutions Oy and Others, EU:C:2019:204

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Abstract

The private enforcement of EU competition law has been in the center of scholarly discourse for almost two decades. Recently, the CJEU, with its ruling adopted in Vantaa v. Skanska and others, opened a new chapter in the history of EU competition law’s private enforcement. The Court held that the conditions of the existence of this right are questions of EU law and should be given an autonomous meaning. The judgment is revolutionary in terms of conceptualization and, as such, it is expected to have a considerable impact on substantive issues in the future. This signals the advent of a uniform regime of European ‘private competition law,’ which limits the role of national rules to the exercise of the right to compensation.

Original languageEnglish
Pages (from-to)720-728
Number of pages9
JournalMaastricht Journal of European and Comparative Law
Volume26
Issue number5
DOIs
Publication statusPublished - 1 Oct 2019
Externally publishedYes

Keywords

  • economic continuity
  • EU competition law
  • private enforcement
  • procedural autonomy
  • undertaking

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