- Tytuł:
- The Damages Directive and Consensual Approach to Antitrust Enforcement
- Autorzy:
- Moisejevas, Raimundas
- Powiązania:
- https://bibliotekanauki.pl/articles/530189.pdf
- Data publikacji:
- 2015-12-31
- Wydawca:
- Uniwersytet Warszawski. Wydawnictwo Naukowe Wydziału Zarządzania
- Tematy:
-
antitrust damage
consumers
arbitration
alternative dispute resolution
mediation
consensual dispute resolution
Lithuania
private enforcement of competition law
antitrust damage claims
Directive on antitrust damages actions
consensual settlements - Opis:
- The article focuses on the novelties introduced by the Damages Directive in the field of consensual settlements of disputes concerning private enforcement. The Damages Directive obliges Member States to ensure that the limitation period for bringing an action for damages is suspended for the duration of any consensual dispute resolution process. The Directive also establishes the main principles that govern the effect of consensual settlements on subsequent actions for damages. Since the EU framework for consensual dispute resolution of private enforcement disputes is quite new, many issues must still be solved in Member States’ practice. While analysing consensual dispute resolution in private enforcement cases, particular interest should be paid to mediation and arbitration as a form of Alternative Dispute Resolution (ADR). Mediation is often used in competition law litigation. In a mediation process, parties are subject to fewer legal costs than in litigation and arbitration. It may thus be concluded that consensual dispute resolution is usually a faster way to receive compensation. However, voluntary arrangements and ADR in competition law still raise many problems concerning both procedural and substantial legal acts.
- Źródło:
-
Yearbook of Antitrust and Regulatory Studies; 2015, 8(12); 181-194
1689-9024
2545-0115 - Pojawia się w:
- Yearbook of Antitrust and Regulatory Studies
- Dostawca treści:
- Biblioteka Nauki
Artykuł