Provisions of the Damages Directive on Limitation Periods and their Implementation in CEE Countries

Journal Title: Yearbook of Antitrust and Regulatory Studies - Year 2017, Vol 10, Issue 15

Abstract

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.

Authors and Affiliations

Ana Vlahek, Klemen Podobnik

Keywords

Related Articles

Marketplaces Restrictions and Selective Distribution after Coty Germany

This article discusses the framework of selective distribution agreements within EU competition law following the Coty Germany case and the EU Commission’s 2017 E-commerce report. It argues that the judgment removed, i...

EU Competition Law Put to the Brexit Test: What Impact Might the Exit of the UK from the Union Have on the Enforcement of the Competition Rules?

This contribution examines some of the consequences of the UK’s exit from the European Union for the enforcement of the competition rules. It reflects on the impact that Brexit is going to have on future transnational an...

Anna Piszcz (ed.), Implementation of the EU Damages Directive in Central and Eastern European Countries, University of Warsaw Faculty of Management Press,Warsaw 2017, 307 pages

The Book entitled ‘Implementation of the EU Damages Directive in Central and Eastern European Countries’, edited by Professor Anna Piszcz, was published in Warsaw, Poland in 2017. The publication date of this book was pe...

What’s New in Western Balkans?.

Western Balkan jurisdictions (Serbia, Montenegro, Bosnia and Herzegovina, and Macedonia (FYROM)) are often outside the focus of the competition community in the EU. This paper aims to rectify that, by providing an over...

The Scope of the Implementation of the Damages Directive in CEE States

The Damages Directive has a rather limited scope, focusing only on damages claims stemming from anticompetitive agreements or abuse of a dominant position, provided such conduct was able to affect trade between EU Member...

Download PDF file
  • EP ID EP319243
  • DOI 10.7172/1689-9024.YARS.2017.10.15.8
  • Views 74
  • Downloads 0

How To Cite

Ana Vlahek, Klemen Podobnik (2017). Provisions of the Damages Directive on Limitation Periods and their Implementation in CEE Countries. Yearbook of Antitrust and Regulatory Studies, 10(15), 147-176. https://europub.co.uk/articles/-A-319243