- Tytuł:
- Development of Private Enforcement of Competition Law in Lithuania
- Autorzy:
- Moisejevas, Raimundas
- Powiązania:
- https://bibliotekanauki.pl/articles/529902.pdf
- Data publikacji:
- 2015-06-30
- Wydawca:
- Uniwersytet Warszawski. Wydawnictwo Naukowe Wydziału Zarządzania
- Tematy:
-
antitrust damage
antitrust damage claims
Directive on antitrust damages actions
evidence
follow-on action
Lithuania
nullity
private enforcement of competition law
public enforcement of competition law - Opis:
- The article reviews the jurisprudence of Lithuanian courts on private enforcement of competition law and identifies the main obstacles for the development of this practice. The analysis of the jurisprudence makes it possible to summarise that: most rulings of the Lithuanian courts relate to cases on the abuse of dominance; usually, dominant undertakings were allegedly applying discriminatory conditions towards the injured party and; most of the claims were presented as follow-on actions after a decision of the Competition Council. The courts held that damages caused by a breach of competition law have to be recovered in accordance with Lithuania’s main principles of civil responsibility. At the same time, the courts made it clear that their jurisprudence is based on the rulings of European Courts and the main principles of EU competition law. The main obstacles for the successful development of antitrust damages claims in Lithuania are, inter alia: complexity of competition cases; difficulty in obtaining substantive evidence; proving a consequential relationship and; high legal costs. The article also analyses substantial and procedural provisions of Lithuanian legislation that regulate the submission of antitrust damage claims.
- Źródło:
-
Yearbook of Antitrust and Regulatory Studies; 2015, 8(11); 35-52
1689-9024
2545-0115 - Pojawia się w:
- Yearbook of Antitrust and Regulatory Studies
- Dostawca treści:
- Biblioteka Nauki
Artykuł