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Published online by Cambridge University Press: 21 September 2018
GENERAL CONTEXT
147. Chapter III PDD introduces measures aimed at assisting injured parties to claim and obtain full compensation for the harm suffered due to a competition law infringement. The relevant provisions are Articles 9–11 PDD.
148. Article 9 PDD establishes the effect of final infringement decisions adopted by NCAs or national review courts in the framework of subsequent actions for damages before national courts. The following definitions in Article 2 PDD are relevant for the purposes of this provision:
– An “infringement decision “ means “a decision of a competition authority or review court that finds an infringement of competition law” (Article 2(11) PDD).
– A “final infringement decision “ means “an infringement decision that cannot be, or that can no longer be, appealed by ordinary means” (Article 2(12) PDD).
– An “NCA “ is defined as “an authority designated by a Member State pursuant to Article 35 of Regulation (EC) No 1/2003, as being responsible for the application of Articles 101 and 102 TFEU” (Article 2(7) PDD).
– A “review court “ is defined as “a national court that is empowered by ordinary means of appeal to review decisions of a national competition authority or to review judgments pronouncing on those decisions, irrespective of whether that court itself has the power to find an infringement of competition law” (Article 2(10) PDD).
– A “national court “ means “a court or tribunal of a Member State within the meaning of Article 267 TFEU” (Article 2(9) PDD).
149. Article 10 PDD sets minimum requirements for Member States with regard to limitation periods for bringing actions for damages.
150. Article 11 PDD establishes the principle of joint and several liability, allowing an injured party to require compensation from any of the infringing undertakings until it has received full compensation. The principle of joint and several liability may cause an infringing undertaking to contribute more than its share in the harm. Article 11 PDD therefore also addresses the right to obtain contribution from co-infringing undertakings.
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