Keywords
Damages Directive 2014/104/EU, claims for damages, disclosure of evidence, presumption, tort liability, presumption of fault, infringement of competition law, passing-on of overcharges, umbrella effect, leniency statement, vertical leniency, settlements
Abstract
This article presents a brief overview of the draft act on claims for damages arising from competition law infringements implementing into the Polish legal system the Damages Directive 2014/104/EU. It focuses on procedural provisions that facilitate actions for damages caused by infringements of competition law. The article covers the issue of evidence collection, necessary to prove the infringement and the resulting harm, as well as the hearing of such cases. The article accounts also for institutions such as presumption of fault and harm as well as the passing-on of overcharges, estimation of harm and access to evidence by way of disclosure. Discussed further one are some other procedural solutions such as an intervention by a NGOs in proceedings in support of claims for damages or the possibility to sue an infringer on behalf of the wronged party. The author emphasises that the success of the new legislation in aiding future plaintiffs depends on the judicial practice and therefore its real impact on private enforcement will have to be assessed in future.
Recommended Citation
Szot, P. (2017). Collecting evidence and hearing cases in the Polish draft act on claims for damages arising from competition law infringements. internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation), 6(1), 80-101. https://doi.org/10.7172/2299-5749.IKAR.1.6.7
First Page
80
Last Page
101
Page Count
21
DOI
10.7172/2299-5749.IKAR.1.6.7
Publisher
University of Warsaw
