The Damages Directive and Consensual Approach to Antitrust Enforcement

• Authors: Moisejevas Raimundas
• Languages of publication: EN

Abstracts

EN

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.

Keywords

EN

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

• Publisher: Uniwersytet Warszawski. Wydział Nauk Ekonomicznych
• Journal: Yearbook of Antitrust and Regulatory Studies
• Year: 2015
• Volume: 8(12)
• Pages: 181-194

Dates

published

2015-12-31

Contributors

author

Moisejevas Raimundas

• Dr Raimundas Moisejevas is a practising Competition Advocate, ICSID Conciliator and Associated Professor in the Business Law Department, Faculty of Law, Mykolas Romeris University, Lithuania

References

• Bovis C.H., Clarke C.M, ‘Private Enforcement of EU Competition Law’ (2015) 36 Liverpool Law Review.
• Brkan M., Bratina T., ‘Private Enforcement of Competition Law in Slovenia: A New Field to Be Developed by Slovenian Courts’ (2013) 6(8) YARS.
• Private Actions in Competition Law: A Consultation on Options for Reform (Department of Business Innovation and Skills, 2012), Available at http://bis.gov.uk/assets/biscore/ consumer-issues/docs/p/12-742-private-actions-in-competition-law-consultation.pdf.
• Driessen-Reilly M., ‘Private damages in EU competition law and arbitration – a changing landscape’ (2015) Arbitration International.
• Hodges C., ‘Fast, Effective and Low Cost Redress: How Do Public and Private Enforcement and ADR Compare?’ [in:] B. Rodger (ed.), Competition Law. Comparative
• Private Enforcement and Collective Redress Across the EU, Kluwer Law International 2014.
• Hodges C., Delivering Competition Damages in UK, http://www.csls.ox.ac.uk/documents/12 08Howwouldcompensationbedeliveredinfuture.pdf
• Jurkowska-Gomułka A., ‘Private Enforcement of Competition Law in Polish Courts: The Story of an (Almost) Lost Hope for Development’ (2013) 6(8) YARS.
• Lande R.H., Davis J.P., ‘Benefits from Private Antitrust Enforcement: An Analysis of Forty Cases’ (2008) 42 USFL Review.
• Maria Teresa Vanikiotis, ‘Private Antitrust Enforcement and Tentative Steps Toward Collective Redress in Europe and the United Kingdom’, Fordham International Law Journal, Volume 37, Issue 5, 2014, Article 6, 1639-1682.
• Moisejevas R., ‘Development of Private Enforcement of Competition Law in Lithuania’ (2015) 8(11) YARS.
• Peyer S., ‘The Antitrust Damages Directive – much ado about nothing. Litigation and Arbitration in EU Competition Law’ [in:] M. Marquis, R. Cisotta (eds.), Litigation and Arbitration in EU Competition Law, Edward Elgar Publishing 2015.
• Piszcz A., ‘Still-unpopular Sanctions: Developments in Private Antitrust Enforcement in Poland After the 2008 White Paper’, (2012) 5(7) YARS.
• Rodger B., ‘Competition Law Litigation in the UK Courts: A Study of All Cases 2005-2008’ (2009) GCLR.
• Rodger B., ‘Competition Law Litigation in the UK Courts: A Study of All Cases to 2004’ (2006) ECLR.
• Rodger B., ‘Private Enforcement of Competition Law, The Hidden Story: Competition Litigation Settlements in the UK 2000-2005’ (2008) ECLR.
• Rodger B., ‘Why not court? A study on follow-on actions in the UK’ (2013) 1(1) Journal of Antitrust Enforcement.
• Vanikiotis M.T., ‘Private Antitrust Enforcement and Tentative Steps Toward Collective Redress in Europe and the United Kingdom’ (2014) 37(5) Fordham International Law Journal.
• Weidt C.F., ‘The Directive on Actions for Antitrust Damages After Passing the European Parliament’ (2014) 35(9) ECLR.
• Zuberbuler T., Oetiker C. (eds.), Practical Aspects of Arbitrating EC Competition Law, Schulthess 2007.

Identifiers

ISSN

1689-9024