A lesson of the European Union Antitrust Law: The Principle of Economic continuity

Abstract

The principle of individual responsibility is a crucial element of public and private law. Its application implies that the individual, who is responsible for an event, is likewise responsible for the legal consequences that would arise because of it. Through the application of corporate instruments, the principle of individual responsibility is capable of preventing the effective application of competition rules. Aware of that risk, the European Union antitrust has applied the principle of economic continuity in its public and private spheres, as it is verifiable through its jurisprudence. Thus, this paper sets in its first part the reasons why the individual responsibility is suitable to obstruct the protection of the markets in the EU. Following the aforementioned conditions, this document presents the foundations of the principle of economic continuity, and afterwards, the criteria, conditions and requirements that the principle activates in the antitrust of the European Union, to extend administrative and compensatory responsibilities to a different operator than the former offender.