Publication details
Analysis of tools introduced by the Directive on Antitrust Damages actions
| Authors | |
|---|---|
| Year of publication | 2015 |
| Type | Article in Proceedings |
| MU Faculty or unit | |
| Citation | |
| Web | http://www.absrc.org/publications/past-conference-proceedings/proceedings-rome-2015/ |
| Field | Law sciences |
| Keywords | Private damage actions; infringement of competition law; damages calculation; burden of proof; pass on defence |
| Description | Private enforcement is an important part of competition law enforcement, with the administrative and criminal enforcement. Despite this fact, the experience in many EU Member states is that such actions are rarely used or successful. Therefore, the EC decided to adopt the Directive on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union to improve the conditions for private damage claims for competition law violations. The directive introduces a body of tools to be available for potential plaintiffs. Our paper will provide an analysis of the tools introduced by the directive, examine their novelty and effectiveness. This analysis will be used to help us answer our main research question –do the mentioned directive and its tools provide a sufficient ground for an increase in the number and successfulness of actions for damages? |
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