Fines and Damages Under EU Competition Law – Implications of the Accumulation of Liability

This paper identifies instances of negative interplay between public and private enforcement of European Union (EU) competition law. For this purpose, a detailed account of the premises underlying the EU's dual enforcement system is provided against the background of efficiency, effectiveness, fundamental rights and proportionality. These four interests, both internal and external to the EU's competition policy, are at stake if liability in parallel enforcement proceedings is either excessive or uncoordinated. While actors involved in the enforcement process are gradually recognizing these risks, so far the solutions offered remain incidental