Provisions of the Damages Directive on Limitation Periods and their Implementation in CEE Countries
The article analyses the provisions on limitation of antitrust damages actions set out in Directive 2014/104/EU on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union...
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| Format: | Article |
| Language: | English |
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University of Warsaw
2017-08-01
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| Series: | Yearbook of Antitrust and Regulatory Studies |
| Subjects: | |
| Online Access: | https://www.yars.wz.uw.edu.pl/yars2017_10_15/147.pdf |
| _version_ | 1819121251302506496 |
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| author | Ana Vlahek Klemen Podobnik |
| author_facet | Ana Vlahek Klemen Podobnik |
| author_sort | Ana Vlahek |
| collection | DOAJ |
| description | The article analyses the provisions on limitation of antitrust damages actions set out in Directive 2014/104/EU on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union. It presents (draft) implementing legislation of CEE countries from the perspective of their general rules on limitation, and the problems the Member States have faced in the process of transposing the Directive into their national legal systems. Within that, focus is placed upon the analysis of the types of limitation periods, their length and their suspension or interruption. In addition, the authors present the effects of the new limitation regime on the balance between the interests of the claimants and of the defendants, as well as on the relation between public and private antitrust enforcement. |
| first_indexed | 2024-12-22T06:33:35Z |
| format | Article |
| id | doaj.art-2c613c168d734bdd9887e5be892a823d |
| institution | Directory Open Access Journal |
| issn | 1689-9024 2545-0115 |
| language | English |
| last_indexed | 2024-12-22T06:33:35Z |
| publishDate | 2017-08-01 |
| publisher | University of Warsaw |
| record_format | Article |
| series | Yearbook of Antitrust and Regulatory Studies |
| spelling | doaj.art-2c613c168d734bdd9887e5be892a823d2022-12-21T18:35:38ZengUniversity of WarsawYearbook of Antitrust and Regulatory Studies1689-90242545-01152017-08-01101514717510.7172/1689-9024.YARS.2017.10.15.8Provisions of the Damages Directive on Limitation Periods and their Implementation in CEE CountriesAna Vlahek0Klemen Podobnik1 University of Ljubljana, Faculty of LawUniversity of Ljubljana, Faculty of LawThe article analyses the provisions on limitation of antitrust damages actions set out in Directive 2014/104/EU on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union. It presents (draft) implementing legislation of CEE countries from the perspective of their general rules on limitation, and the problems the Member States have faced in the process of transposing the Directive into their national legal systems. Within that, focus is placed upon the analysis of the types of limitation periods, their length and their suspension or interruption. In addition, the authors present the effects of the new limitation regime on the balance between the interests of the claimants and of the defendants, as well as on the relation between public and private antitrust enforcement.https://www.yars.wz.uw.edu.pl/yars2017_10_15/147.pdflimitation of antitrust damages claimslimitationlimitation periodssuspension of limitationinterruption of limitationcompetition lawantitrustliability for damagesdirective 2014/104/eucee countriesprivate enforcement of antitrust |
| spellingShingle | Ana Vlahek Klemen Podobnik Provisions of the Damages Directive on Limitation Periods and their Implementation in CEE Countries Yearbook of Antitrust and Regulatory Studies limitation of antitrust damages claims limitation limitation periods suspension of limitation interruption of limitation competition law antitrust liability for damages directive 2014/104/eu cee countries private enforcement of antitrust |
| title | Provisions of the Damages Directive on Limitation Periods and their Implementation in CEE Countries |
| title_full | Provisions of the Damages Directive on Limitation Periods and their Implementation in CEE Countries |
| title_fullStr | Provisions of the Damages Directive on Limitation Periods and their Implementation in CEE Countries |
| title_full_unstemmed | Provisions of the Damages Directive on Limitation Periods and their Implementation in CEE Countries |
| title_short | Provisions of the Damages Directive on Limitation Periods and their Implementation in CEE Countries |
| title_sort | provisions of the damages directive on limitation periods and their implementation in cee countries |
| topic | limitation of antitrust damages claims limitation limitation periods suspension of limitation interruption of limitation competition law antitrust liability for damages directive 2014/104/eu cee countries private enforcement of antitrust |
| url | https://www.yars.wz.uw.edu.pl/yars2017_10_15/147.pdf |
| work_keys_str_mv | AT anavlahek provisionsofthedamagesdirectiveonlimitationperiodsandtheirimplementationinceecountries AT klemenpodobnik provisionsofthedamagesdirectiveonlimitationperiodsandtheirimplementationinceecountries |