Punitive Damages and the Extent of its Application in the Iraqi and Romanian Competition Laws

• Author: Al Jashami Muhammed Khariy Qsair
• Profession: Faculty of Law, University of Bucharest
• Pages: 19-26

Punitive Damages and the Extent of its Application in the Iraqi and

Romanian Competition Laws

PhD. student Al Jashami Muhammed Khariy QSAIR

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Abstract

Punitive damages continue to take a large part of the jurisprudential debate be-

tween law scholars between supp orters and opponents for reasons of constitutionality.

This research is an attempt to determine the possibility of applying punitive damages in

competition laws. The researcher adopts the method of analyzing and comparing legal

texts. The results of the study highlight the importance of punitive damages in competition

laws.

Keywords: punitive damages; competition law; fines; consumer.

JEL Classification: K22

1. Introduction

Punitive damages serve dual purposes of retribution and deterrence. In

an attempt to “compensate” the injured person for the loss suffered. Where a de-

fendant has engaged in particularly egregious conduct, however, punitive dam-

ages can be awarded in addition to compensatory damages. A punitive damages

award will generally exceed the actual value of the harm caused by the defendant.

Although the permissible motivations behind awarding punitive damages are

somewhat unsettled, it is generally accepted that punitive damages serve the dual

purposes of deterrence and retribution, for instance, there is some doubt about the

compensatory rationale of punitive damages, explaining that today punitive dam-

ages should be understood as “quasi-criminal” “private fines” designed to punish

and deter the misconduct at issue. The purpose of competition laws in the world

is to prevent and punish acts against legitimate competition and to prevent the

bad intention of monopolizing the market by means of fraud. It works to protect

the interests of consumers, which clearly shows the need to deal with any kind of

seriousness with any violation of consumer rights and protect it from fraud or

deception by the creators Employers seem to think the idea of punitive damages

is the most effective way to achieve the objectives of the competition law, but the

handling of national legislation does not refer to this position clearly.

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Al Jashami Muhammed Khariy Qsair, Faculty of Law, University of Bucharest; Le cturer in Col-

lege of Law, Thi Qar University, Iraq, legalur@yahoo.com