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National Repository of Grey Literature 3 records found  Search took 0.00 seconds. 
New Regulation of Private Law Enforcement of Compensation for Damage Caused by Anti-competitive Behaviour
 Petráková, Lenka ; Patěk, Daniel (advisor) ; Černá, Stanislava (referee)
This paper deals with the problematics of private enforcement with main focus on the legislation comprised in the act no. 262/2017 col. on Compensation of Damages in the Area of Competition Law in the context of the evolution of the approach of the European Union and the Czech Republic towards private enforcement. The aim of this paper is to evaluate the impact of the new law on legal status of persons, who have suffered harm caused by competition law infringement, when claiming for compensation for his or hers loss. The author of the paper critically evaluates the way the European law was transposed into the Czech legal environment and its real impact on the legal relationships in the area of private enforcement of competition law. The author examines in detail the newly established framework of limitation periods which differs significantly from those of the general civil law both before and after its recodification. The Act on Compensation of Damages in the Area of Competition Law does not comprise transitional provisions concerning limitation periods. Therefore the intertemporal conflicts of the new act with other civil law acts are dealt with in depth. Consequently the area of compensation for loss is discussed. Within this area the author analyses the problematics of presumption of existence...
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New Regulation of Private Law Enforcement of Compensation for Damage Caused by Anti-competitive Behaviour
 Petráková, Lenka ; Patěk, Daniel (advisor) ; Černá, Stanislava (referee)
This paper deals with the problematics of private enforcement with main focus on the legislation comprised in the act no. 262/2017 col. on Compensation of Damages in the Area of Competition Law in the context of the evolution of the approach of the European Union and the Czech Republic towards private enforcement. The aim of this paper is to evaluate the impact of the new law on legal status of persons, who have suffered harm caused by competition law infringement, when claiming for compensation for his or hers loss. The author of the paper critically evaluates the way the European law was transposed into the Czech legal environment and its real impact on the legal relationships in the area of private enforcement of competition law. The author examines in detail the newly established framework of limitation periods which differs significantly from those of the general civil law both before and after its recodification. The Act on Compensation of Damages in the Area of Competition Law does not comprise transitional provisions concerning limitation periods. Therefore the intertemporal conflicts of the new act with other civil law acts are dealt with in depth. Consequently the area of compensation for loss is discussed. Within this area the author analyses the problematics of presumption of existence...
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Selected Aspects of Private Enforcement of Competition Law
 Navrátil, Petr ; Svoboda, Pavel (advisor) ; Šmejkal, Václav (referee)
Title: Selected Aspects of Private Enforcement of Competition Law The purpose of the study is to analyse and compare selected provisions and legislative proposals regarding to the rules of evidence and locus standi as they are codified in Federal Rules of Civil Procedure and in Czech Rules of Civil Procedure as well as selected aspects of Private Enforcement of Competition Law in UK. It should be stressed the fact that the rules of evidence and locus standi are seen through a prism of antitrust claims for damages. The study is composed of six chapters, each of them dealing with different aspect of Private Enforcement of Competition Law. Chapter One is introductory and defines basic terminology used in the study. Chapter Two focuses on legal basis for antitrust claims for damages. Chapter Three consists of three parts. Part One focuses on locus standi issue in US Law. Part Two is an analysis of proposals of EU Commission as well as relevant judgements of Court of Justice of European Union. Partial conclusions are drawn in Part Three. Chapter Four consists of three parts. Part One investigates the principles of rules of evidence as they are codified in Czech Law. Part Two discusses the American attitude to rules of evidence. Partial conclusions are drawn in Part Three. Chapter Five consists also of...
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