Constitutional Questions about the Directive on Antitrust Damages Action: The Rule of Binding Effect of National Competition Authorities’ Decisions

The Directive 2014/104/EU fixes specific rules about the relationship between antitrust public enforcement and antitrust private enforcement. More specifically, Article 9(1) of the Directive states that National Competition Authorities’ decisions has got binding effects in civil litigation before a judge of the same Member State. Article 9(1) raises different doubts about its consistency with the principles of separation of constitutional powers and fair trial, affirmed by the ECHR, the EU Charter of Fundamental Rights and the Member States’ Constitutions. There could be different possible solutions. Which is the judge’s role in the context of antitrust private enforcement?