Consensual Dispute Resolution in the Damage Directive. Implementation in CEE Countries [PDF]
This paper discusses the use of consensual dispute resolution for the purpose of antitrust damage claims as introduced by the Directive. It presents these type of claims in a broader context of arbitration (or ADR), in comparison with traditional claim ...
Małgorzata Modzelewska de Raad
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Damages Actions and State Aid: Time for Action at EU Level?
Following the State aid modernisation agenda in 2012, Member States have had more responsibilities than ever in ensuring compliance with State aid rules.
Clélia Jadot
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Access to Documents in Antitrust Litigation – EU and Croatian Perspective [PDF]
The paper analyses access to documents in cartel-based damages cases from the EU and Croatian perspective. It considers all relevant EU and Croatian legislation and case-law primarily focusing on the expected impact of the newly enacted Damages Directive.
Vlatka Butorac Malnar
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Private Enforcement and Opt-out SystemRisks, Rewards and Legal Safeguards [PDF]
The EU Antitrust Damages Actions Directive does not include provisions for collective redress. Each EU member state is free to provide national regulation on this matter. The Portuguese legal system provided regulation on actio popularis since
Maria Elisabete Ramos
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The Condition of Fault in Private Enforcement of Competition Law – a Comparative Analysis of U.S. v. Polish and European Approach [PDF]
The purpose of the Polish Act on Claims for Damages for Remedying the Damage Caused by Infringements of Competition Law, based on and implementing EU law – the Damages Directive, was to enable undertakings to effectively use private enforcement of their ...
Marta Mackiewicz
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How to Facilitate Damage Claims? Private Enforcement of Competition Rules in Croatia – Domestic and EU Law Perspective [PDF]
Ever since the Croatian Competition Agency started functioning in 1997, public enforcement of competition law has been the norm. Civil actions for breaches of competition law have been the exception in Croatia.
Jasminka Pecotić Kaufman
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How to protect the patent right in a standardization context—property rule or liability rule?
High transaction costs are involved in the SEPs licensing process, and the FRAND policy essentially represents a collaborative effort by SSO members to reduce such costs.
Tyanyi Ren
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The Type of Liability in Private Enforcement in Selected CEE Countries Relating to the Implementation of the Damages Directive [PDF]
The article is devoted to the type of liability in selected CEE countries, namely those covered by the national reports drafted for the 2nd International Conference on Harmonization of Private Antitrust Enforcement: Central and Eastern European ...
Dominik Wolski
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Package on Actions for Damages Based on Breaches of EU Competition Rules: Can One Size Fit All? [PDF]
On 17 April 2014, the Proposal for a Directive on antitrust damages actions was accepted by the European Parliament and sent to the EU Council of Ministers for final approval.
Sofia Oliveira Pais, Anna Piszcz
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ANTITRUST DAMAGES IN FINANCIAL MARKETS
Abstract I briefly review the standard regression methods used to estimate damages in antitrust actions, and I analyze how these would be applied to cases in financial markets. I consider applications to three different financial market cases.
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