Reflexiones sobre el inexistente elemento subjetivo en la responsabilidad civil por infracciones antitrust

Zusammenfassung

The Directive 2014/104/EU codification process ended leaving to the member States the power to introduce elements such as adequacy or culpability providing that MS respected the principles of effectiveness and equivalence as well as the ECJ case-law. Some authors argue that this leads to an erosion of the fault requirement in non-contractual liability by antitrust infractions. In this paper, we suggest a reinterpretation of the origin of liability from the new system of illicit which was introduced by the Treaties of Rome and Paris and a base for a greater ontological unity of Competition Law.