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- Title
Private Enforcement of Competition Law in Regulated Industries: Can Railway Undertakings Recover Excessive Railway Infrastructure Charges Under Article 102 TFEU?
- Authors
Schweitzer, Heike
- Abstract
In DB Station & Service AG, the CJEU will have to decide on the relationship between EU regulatory law – namely Directive 2001/14 – that strives to concentrate decisions on the lawfulness of infrastructure access charges with the regulatory authority, and private damage claims based on a concurrent violation of Article 102 TFEU. The referring court – the KG Berlin – proposes that national civil courts may only award competition law damages once the regulatory authority has established the illegality of the charges under regulatory law. This article argues that the KG Berlin thereby misconceives the hierarchy of norms under EU law and fails to recognise the rights conferred upon individuals by the EU competition rules.
- Subjects
BERLIN (Germany); LAW enforcement; INFRASTRUCTURE (Economics); REGULATED industries; RAILROADS; DAMAGES (Law); ECONOMIC competition
- Publication
European Competition & Regulatory Law Review, 2022, Vol 6, Issue 1, p4
- ISSN
2510-3148
- Publication type
Article
- DOI
10.21552/core/2022/1/4