Compensation for damages in tort: An analysis from the competition law perspective

Abstract

In Vietnam, compensation for damages under the competition law is similar to other regulations on compensation for damages in tort, with the basic principle of equal compensation. This compensation mechanism does not take into account the characteristics of competition cases, so litigants may not be encouraged to initiate civil action to protect their legitimate rights and interests. By analyzing realities and learning from foreign experiences, this paper proposes that the Competition Law should provide compensation for both compensatory and punitive damages.