The Private Enforcement of European Competition Law: What Next?

The EU Commission objective of promoting the private enforcement of EU competition rules through EU legislative measures has been postponed until further notice. Member States and powerful economic stakeholders appear to have forced this retreat. Nevertheless, the European Court of Justice in the recent X BV and VEBIC rulings offers the Commission and national competition authorities with an opportunity to promote and support private actions in national courts in defence of the public interest. It may be deduced from these rulings that public enforcers have a duty to ensure that the coherent and uniform application of the competition rules takes place in stand alone and follow-on private actions.