Publication details
Nerovnost subjektů ve sporech o vymáhání újmy způsobené protisoutěžním jednáním
| Title in English | Inequality in private claims for damages caused by anticompetitive conduct |
|---|---|
| Authors | |
| Year of publication | 2016 |
| Type | Article in Proceedings |
| MU Faculty or unit | |
| Citation | |
| Field | Law sciences |
| Keywords | Competition law; Private damage Claims; Information asymmetry; Undertaking; Access to file; Damage calculation; Market Power; Damage pass on |
| Description | On the 10.11.2014 the directive with the purpose to make private damage claims for damage caused by anticompetitive behavior easier and more effective has been adopted. Contemporaneously this directive is being implemented within the Member states. In this regard it is necessary to point out that within the private damages claims disputes between the parties which breached the competition rules and parties that suffered damages there is in most cases substantial inequality caused mostly by great information asymmetry. This causes that under current rules it is extremely difficult to successfully claim damages caused by anticompetitive behavior. The question is whether implementation of tools suggested by the above mentioned directive is really able to balance the inequality of parties within disputes regarding claims for damage caused by anticompetitive behavior and will enable to claim such damages effectively. |
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