The Discretion of Competition Authorities and their Liability for Damage they Cause with Erroneous Decisions

Key Points

• Liability in competition law remains challenging due to the European Commission's broad discretion in decision-making.
• The assessment of damage caused by erroneous rulings requires more precise delineation and review by independent experts.
• Erroneous decisions by authorities, such as the European Commission, can lead to significant consequences for affected parties.
• Clearer regulations could improve accountability and reduce the incidence of erroneous decisions.