Package on Actions for Damages Based on Breaches of EU Competition Rules: Can One Size Fit All?

Sofia Oliveira Pais, Professor of Law at the Faculty of Law, Catholic University of Portugal, Jean Monnet Chair, Coordinator of the Católica Research Centre for the Future of Law – Porto;Sections I and II.1 were written by Sofia Oliveira Pais whilst Section IV is a common part
Anna Piszcz, Assistant Professor at the Department of Public Economic Law, Faculty of Law, University of Białystok (Poland); member of the Advisory Board to the UOKiK President;;Section II.2 and III were written by Anna Piszcz whilst Section IV is a common part Follow

Keywords

private enforcement, antitrust damages, EU competition rules, Commission package, collective redress, contingency fees

Abstract

On 17 April 2014, the Proposal for a Directive on antitrust damages actions was accepted by the European Parliament and sent to the EU Council of Ministers for final approval. In addition, a Recommendation was adopted in 2013 on common principles for injunctive and compensatory collective redress mechanisms in the Member States to meet the need for a coherent European approach to antitrust private enforcement. This package comes at a time when private antitrust enforcement is rapidly evolving in a number of Member States. At the same time however, it establishes several legal solutions that do not fit well with existing national instruments. The aim of this article is to address, in particular, Portuguese and Polish experiences on a number of specific issues surrounding antitrust private enforcement, such as collective redress and contingency fees. Some doubts will also be raised concerning the solutions established in the European package, suggesting that national experiences should not be overlooked

Recommended Citation

Pais, S., & Piszcz, A. (2014). Package on Actions for Damages Based on Breaches of EU Competition Rules: Can One Size Fit All?. Yearbook of Antitrust and Regulatory Studies, 7(10), 209-234. Retrieved from https://press.wz.uw.edu.pl/yars/vol7/iss10/9

First Page

209

Last Page

234

Page Count

Publisher

University of Warsaw

Publication Date

2014-01-01

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