Institutional Challenges for Private Enforcement of Competition Law in Central and Eastern European Member States of the EU
Journal Title: Yearbook of Antitrust and Regulatory Studies - Year 2017, Vol 10, Issue 15
Abstract
The paper will focus on requirements and thresholds set for the judiciary by the Damages Directive. Answered will also be questions on the specialization of courts and its application in Central and Eastern European (CEE) Member States of the EU, as well as on the involvement of national competition authorities (NCAs) in court proceedings. The paper provides also general thoughts regarding the specialization of courts and confronts them with the judiciary structure in CEE Member States in the context of private enforcement of competition law. While there is no uniform model of a judicial system, the paper provides a critical analysis of the centralization, specialization and decentralization of private enforcement models, taking into account also the importance of the training of judges. The relationship between NCAs and courts will be discussed whereby the role of NCAs in private enforcement defines the responsibility of the given public authority in private enforcement as a country’s policymaker.
Authors and Affiliations
Ondrej Blažo
Guidance on the Limits for the Use of Restrictive Clauses in Commercial Lease Agreements – Once Again on Restrictions “by Object”.Case Comment to the Preliminary Ruling of the Court of Justiceof 26 November 2015 SIA ‘Maxima Latvija’ v Konkurences padome (Case C-345/14)
The Court of Justice (hereinafter, CJ or Court) held in case C-345/14 SIA ‘Maxima Latvija’ v Konkurences padome that the inclusion of a clause that allows a tenant to indirectly select a neighbour of adjoining...
Passing-on of Overcharges and the Implementation of the Damages Directive in CEE Countries
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...
The Principle of Liability in Private Antitrust Enforcement in Selected European States in Light of the Implementation of the Damages Directive into the Polish Legal System
In the vast majority of European countries, private antitrust enforcement falls under general rules of civil law. One of the issues to be discussed in relation to this type of litigation is the principle of liability, wh...
Consensual Dispute Resolution in the Damage Directive. Implementation in CEE Countries
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 c...
The Pursuit Before Polish Courts of Actions for Damages Based on Competition Law infringements. Warsaw, 20 April 2016 (conference report)
The Conference entitled “The pursuit before Polish courts of actions for damages based on competition law infringements” (“Dochodzenie przed sądem polskim roszczeń odszkodowawczych z tytułu naruszenia reguł konkurencji”)...