Are Monetary Incentives Enough to Boost Actions for Damages in the European Union? On the Relevance of Incompleteness of Laws and Evidentiary Requirements - World Competition View Are Monetary Incentives Enough to Boost Actions for Damages in the European Union? On the Relevance of Incompleteness of Laws and Evidentiary Requirements by Alessandro Sarra,Alessandro Marra - World Competition Are Monetary Incentives Enough to Boost Actions for Damages in the European Union? On the Relevance of Incompleteness of Laws and Evidentiary Requirements Alessandro Sarra Alessandro Marra 31 3

In this article we intend to contribute to the public debate regarding the lack of private antitrust enforcement in the European Union. The European Commission suggests to concentrate on monetary incentives to boost actions for damages (among them, granting full compensation, promoting aggregate actions, reducing the costs associated with antitrust claims, and so on). We argue that monetary incentives are not sufficient to create an efficient regime of private enforcement of law. In particular, we develop the thesis that to increase the number of effective damages actions is useful to better contemplate the incompleteness of antitrust laws and the relevance of evidentiary requirements needed to initiate a successful lawsuit.

World Competition