The paper addresses the position of private enforcement in the overall context of competition enforcement in Europe and its relationship with public enforcement. It revisits the various objectives-functions served by competition enforcement (injunctive, compensatory, deterrent-punitive) and considers how and to what extent there is a role of each limb of antitrust enforcement with regard to such objectives-functions. The paper then argues for independence of private enforcement from public enforcement and discusses the effects of public decisions on private litigation, and on the interaction between the latter and leniency. To conclude the paper reviews the role of public agencies in quantifying anti-competitive harm and takes a position as to whether and to what extent such a duty should be imposed on them.
Assimakis Komninos is a Local Partner at the Brussels office of White & Case LLP. Between 2009 and 2011 he was Commissioner and Member of the Board at the Hellenic Competition Commission. Prior to joining the Greek authority, as a practitioner, he was involved in landmark cases before the Court of Justice and the General Court. He is a visiting lecturer at Université Paul Cézanne Aix - Marseille III and a visiting fellow of the Centre for Law and Governance in Europe at University College London.