Proving antitrust damages in civil proceedings: The compatibility of Serbian Law with Directive 2014/104 [PDF]
Strani pravni život, 2023 Private competition law enforcement has been a recent phenomenon in the European Union. In the past, the EU law and member states' national laws lacked elements that contributed to the preponderance of private enforcement in the United States, such as ...
Marković-Bajalović Dijana
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Collecting Evidence Through Access to Competition Authorities’ Files – Interplay or Potential Conflicts Between Private and Public Enforcement Proceedings? [PDF]
Yearbook of Antitrust and Regulatory Studies, 2015 Information asymmetry between claimants seeking damages for competition law violations and the alleged infringing undertaking(s) is a key problem in the development of private antitrust enforcement because it often prevents successful actions for damages.
Anna Gulińska
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Passing-on of Overcharges and the Implementation of the Damages Directive in CEE Countries [PDF]
Yearbook of Antitrust and Regulatory Studies, 2017 The article focuses on the concept of passing-on of overcharges and the peculiarities of its regulation by the Damages Directive. The Damages Directive obliges Member States to ensure that the defendant in an action for damages may invoke the passing-on ...
Raimundas Moisejevas
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How to Throw the Baby out with the Bath Water. A Few Remarks on the Currently Accepted Scope of Civil Liability for Antitrust Damages [PDF]
Yearbook of Antitrust and Regulatory Studies, 2015 The Damages Directive introduces the right to ‘full compensation’ and the principle of ‘joint and several liability’ for antitrust damages (Article 3(1) and Article 11(1) respectively).
Agata Jurkowska-Gomułka
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Private Antitrust Enforcement Without Punitive Damages:A Half-Baked Reform? [PDF]
Yearbook of Antitrust and Regulatory Studies, 2018 Directive 2014/104/EU on private antitrust enforcement opted for the exclusion of punitive damages from the category of recoverable damages following a violation of antitrust law.
Claudia Massa
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The Scope of the Implementation of the Damages Directive in CEE States [PDF]
Yearbook of Antitrust and Regulatory Studies, 2017 The Damages Directive has a rather limited scope, focusing only on damages claims stemming from anticompetitive agreements or abuse of adominant position, provided such conduct was able to affect trade between EU Member States. However, Member States are
Michal Petr
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The Damages Directive and Consensual Approach to Antitrust Enforcement [PDF]
Yearbook of Antitrust and Regulatory Studies, 2015 The article focuses on the novelties introduced by the Damages Directive in the field of consensual settlements of disputes concerning private enforcement.
Raimundas Moisejevas
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Piecemeal Harmonisation Through the Damages Directive? Remarks on What Received Too Little Attention in Relation to Private Enforcement of EU Competition Law [PDF]
Yearbook of Antitrust and Regulatory Studies, 2015 On 11 June 2013, the European Commission adopted a package of measures to tackle the lack of an efficient and coherent private enforcement system of EU competition law in its Member States.
Anna Piszcz
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Quantification of Harm and the Damages Directive:Implementation in CEE Countries [PDF]
Yearbook of Antitrust and Regulatory Studies, 2017 Quantification of harm is regarded as one of the most significant obstacles for the full compensation of harm and development of private enforcement within the European Union, including CEE Member States.
Valentinas Mikelėnas +1 more
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Joint and Several Liability of Competition Law Infringers in the Legislation of Central and Eastern European Member States [PDF]
Yearbook of Antitrust and Regulatory Studies, 2017 The study reviews the provisions of the Directive by, first, presenting its general rule – joint and several liability – and then its two exceptions, pointing out that albeit they contain similar solutions, these have different reasons in the case of ...
Péter Miskolczi Bodnár
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