Legal Obstacles to Private Enforcement of Competition Law

Michal S. Gal, Rivi Dahan

Research output: Contribution to journalArticlepeer-review


Private enforcement of competition law serves many important goals, including deterrence of future anti-competitive harms and correction of past harms. This article sheds light on several potential legal obstacles to such enforcement which could prevent it from achieving its goals. The examples mainly build upon the experience of different jurisdictions with private litigation. It also suggests some possible solutions for dealing with or limiting such obstacles. As Europe is in the early stages of applying its Damages Directive and creating a private competition law enforcement regime, recognising - and possibly avoiding - obstacles to efficient private enforcement is both timely and important.

Original languageEnglish
Pages (from-to)133-152
Number of pages20
JournalMarket and Competition Law Review
Issue number2
StatePublished - 2019

Bibliographical note

Publisher Copyright:
© 2019, Universidade Catolica Editora. All rights reserved.


  • Competition Law
  • Damages Directive
  • Decision Theory
  • Private Enforcement

ASJC Scopus subject areas

  • Law


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