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private enforcement

Maria Elisabete Ramos, 
Private Enforcement and Opt-out System Risks, Rewards and Legal Safeguards

Maria Elisabete Ramos, Private Enforcement and Opt-out System Risks, Rewards and Legal Safeguards

... The Recommendation acknowledges that collective redress mechanisms are crucial to achieving an effective private enforcement of competition law and perhaps the European regulator recognizes that the US ...

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Karin Sein, Private Enforcement of Competition Law – the Case of Estonia

Karin Sein, Private Enforcement of Competition Law – the Case of Estonia

... Estonian law does not provide for a special procedure for antitrust damage claims – there are no collective claims, no class actions, nor actions by representative bodies or other forms of public interest litigation (no ...

11

Maja Brkan, Tanja Bratina, Private Enforcement of Competition Law in Slovenia: A New Field to Be Developed by Slovenian Courts

Maja Brkan, Tanja Bratina, Private Enforcement of Competition Law in Slovenia: A New Field to Be Developed by Slovenian Courts

... Notwithstanding certain obstacles for private enforcement of competition law in Slovenia, current legislation already provides some incentives for its more effective development. The new Competition Act, ...

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Competition law private enforcement in the UK courts : case-law developments 2013-2016

Competition law private enforcement in the UK courts : case-law developments 2013-2016

... infringement of article 81 (now article 101) constituted in law a series of individual decisions addressed to its individual addressees. Accordingly, the only relevant decision establishing infringement in relation to an ...

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Maciej Gac, Individuals and the Enforcement of Competition Law – Recent Development of the Private Enforcement Doctrine in Polish and European Antitrust Law

Maciej Gac, Individuals and the Enforcement of Competition Law – Recent Development of the Private Enforcement Doctrine in Polish and European Antitrust Law

... Finally, it shall be stressed that the Commission’s decision to use a soft- law instrument in the area of group litigation is rather disappointing. The proposed legislative method seems to provide an only partial ...

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Raimundas Moisejevas, Development of Private Enforcement of Competition Law in Lithuania

Raimundas Moisejevas, Development of Private Enforcement of Competition Law in Lithuania

... b) In most cases, antitrust damages claims have been submitted as follow-on actions. This feature is common to most antitrust damages cases in EU Member States and can be easily explained. First, private ...

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Polish Leniency Programme and its Intersection with Private Enforcement of Competition Law

Polish Leniency Programme and its Intersection with Private Enforcement of Competition Law

... seem weak. While it is true that this solution does not facilitate redress for antitrust victims, special protection of leniency statements seems fully justified considering that its lack could undermine the ...

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Anna Piszcz, 
Compensatory Collective Redress: Will It Be Part of Private Enforcement of Competition Law in CEE Countries?e

Anna Piszcz, Compensatory Collective Redress: Will It Be Part of Private Enforcement of Competition Law in CEE Countries?e

... opt-out principle, procedural schemes for collective redress can be separated into two basic categories: the opt-in model and the opt-out model. In opt-in systems, any person that wants to participate in a collective ...

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Private Enforcement against Collusion in Mechanism Design

Private Enforcement against Collusion in Mechanism Design

... The approach of private enforcement are widely employed in fi ghting collusion. About 300 years ago, the Emperor Yongzheng in China Tsing Dynasty created a monitoring system to fight collusion and corruption. ...

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A Critical Analysis of the Interplay between Public & Private Enforcement of the EU Competition Law

A Critical Analysis of the Interplay between Public & Private Enforcement of the EU Competition Law

... public enforcement model allows for greater State control and guidance in the policy making and legal development, it suffers from lack of resources and of proper administrative ...the private ...

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Ermal Nazifi, Petrina Broka, Grounds for Private Enforcement of Albanian Competition Law

Ermal Nazifi, Petrina Broka, Grounds for Private Enforcement of Albanian Competition Law

... public enforcement or through its private ...of private enforcement of competition law have been recorded ...of private competition law enforcement alongside of those of its ...

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Antitrust Private Enforcement – Case of Poland

Antitrust Private Enforcement – Case of Poland

... Although private enforcement of antitrust law is not completely absent from the Polish legal culture, seeing as the Supreme Court has recently delivered some crucial judgments in this area, it is, like in ...

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Zurab Gvelesiani, Georgia’s First Steps in Competition Law Enforcement: The Role and Perspectives of the Private Enforcement Mechanism

Zurab Gvelesiani, Georgia’s First Steps in Competition Law Enforcement: The Role and Perspectives of the Private Enforcement Mechanism

... EC Private Antitrust Enforcement, Decentralised Application of EC Competition Law by National Courts, Oxford-Portland 2008; ...Tichý, Private Enforcement of Competition Law, Baden-Baden 2011; ...

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Private Enforcement of the Americans With Disabilities Act via Serial Litigation: Abusive or Commendable?

Private Enforcement of the Americans With Disabilities Act via Serial Litigation: Abusive or Commendable?

... 84 The court notes that it is likely that each of these businesses was not in full compliance with the ADA, but finds that the bad faith exhibited by Molski outwe[r] ...

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Investor protection and equity markets: an evaluation of private enforcement of related party transactions rules in Russia

Investor protection and equity markets: an evaluation of private enforcement of related party transactions rules in Russia

... On Pistor and Xu’s assessment courts, for a number of reasons, are preferable to regulators in the task of completing incomplete law (2002: 7). However, it is one thing to suggest that the courts should or de facto do ...

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Universalism, Relativism, and Private Enforcement of Customary International Law

Universalism, Relativism, and Private Enforcement of Customary International Law

... Because a number of countries (including the United States, used herein as an example) traditionally adopt universalist stances during the negotiation of internationa[r] ...

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Ondrej Blažo, Directive on Antitrust Damages Actions and Current Changes of Slovak Competition and Civil Law

Ondrej Blažo, Directive on Antitrust Damages Actions and Current Changes of Slovak Competition and Civil Law

... changes. Private enforcement, protection of leniency applicants and the settlement procedure were all part of an extensive Amendment introduced in 2014 (hereafter, Amendment ...

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Raimundas Moisejevas, The Damages Directive and Consensual Approach to Antitrust Enforcement

Raimundas Moisejevas, The Damages Directive and Consensual Approach to Antitrust Enforcement

... facilitate private enforcement claims in EU Member ...of private enforcement ...of private enforcement disputes is quite new, many issues must still be solved in the practice of ...

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Michal Petr, 
The Scope of the Implementation of the Damages Directive in CEE States

Michal Petr, The Scope of the Implementation of the Damages Directive in CEE States

... ‘Private enforcement in this context means application of antitrust law in civil disputes before national ...the private enforcement only with the right to compensation, as might be deduced ...

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The role of private litigation in antitrust enforcement

The role of private litigation in antitrust enforcement

... example, private enforcement benefits the plaintiff at the expense of the defendant, who ends up paying the same settlement compensation, whether there has been a violation or ...not. Private ...

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