Keywords
Directive 2014/10/EU, liability for damages, joint and several liability, breach of competition law, cartel, SME leniency
Abstract
The purpose of this article is to analyze issues related to the design of joint and several liability of cartel members provided for in the act on claims for damages caused by a competition law infringement of 7 February 2017. The latter implements into the Polish legal system Directive 2014/104/EU of the European Parliament and of the Council of 26 November 2014 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. The author presents considerations relating to exceptions provided in this law with respect to joint and several liability of cartel members, analyzes in detail the responsibilities of small and medium-sized enterprises and entrepreneurs who made a leniency application. In the summary of this article, the author presents conclusions and proposals on the effects of the entry into force and the application of the new Polish law implementing the Directive.
Recommended Citation
Milewska, A. (2017). Joint and several liability of the perpetrators of competition law violations in the draft act on claims for damages caused by a competition law infringement of 7 February 2017 – subjective aspect. internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation), 6(1), 58-67. https://doi.org/10.7172/2299-5749.IKAR.1.6.5
First Page
58
Last Page
67
Page Count
9
DOI
10.7172/2299-5749.IKAR.1.6.5
Publisher
University of Warsaw
