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Keywords

judicial system, judicial specialization, competition law, damages, harmonization, EU law

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.

First Page

31

Last Page

48

Page Count

17

DOI

10.7172/1689-9024.YARS.2017.10.15.2

Publisher

University of Warsaw

Publication Date

2017-06-30

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