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National Repository of Grey Literature 2 records found  Search took 0.00 seconds. 
Private enforcement of EU Competition Law
 Albrecht, Patrik ; Šmejkal, Václav (referee)
1 Abstract Private enforcement of EU Competition Law Private enforcement of competition law is commonly understood as the possibility of seeking damages caused by anticompetitive behavior of undertakings before the courts of EU member states. The analysis of a right to seek the antitrust damages and its development is based on decisions of the Court of Justice of the European Union as well as preparatory works on the Directive 2014/104/EU of the European Parliament and of the Council of 26 November 2014 (the "Directive"). The first chapter describes the development of the new fully recognized branch of competition law within the EU. The CJEU has focused on the interpretation of the principles of effectiveness and equivalence and the direct effect of Articles 101 and 102 TFEU. The second chapter includes the analysis of a total of four research questions such as who may be the claimant or the defendant, which court has a jurisdiction and when the limitation period exactly starts to run. Answers to these questions provide injured persons with a higher degree of legal certainty in relation to enforcement of their rights. Also, the Directive and the Czech transposition legislation, including the already available case law of the CJEU, are critically analyzed. Collective protection of the rights and protection...
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Private enforcement of EU Competition Law
 Albrecht, Patrik ; Šmejkal, Václav (referee)
Private enforcement of EU Competition Law Abstract The topic of this Juris Doctor thesis deals with private enforcement of competition law, which is commonly understood as the possibility of seeking damages caused by anticompetitive behavior of undertakings before the courts of EU member states. The author describes the development of the right to seek the antitrust damages in the first part of his thesis. This deep analysis involves an exhaustive presentation of key decisions of the Court of Justice of the European Union, accompanied by the analysis of the preparatory work on the Directive 2014/104/EU. The latter includes synthesis of numerous comments drafted and issued by member states, national competition authorities and other stakeholders as well. Following the first part described above, the author carefully examines the whole text of adopted Directive 2014/104/EU and describes its transposition. There was created a new fully recognized branch of competition law within the EU, which doesn't replace or threaten both the EC and NCA public enforcement of competition law. Moreover, these private antitrust damages actions serve as a complement of a public-law sanction. The European private damages directive establishes certain new procedures and law institutes, all of which are thoroughly analyzed and...
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