WPŁYW PRYWATNOPRAWNEGO DOCHODZENIA ROSZCZEŃ ODSZKODOWAWCZYCH NA SKUTECZNOŚĆ PUBLICZNEGO PRAWA KONKURENCJI
THE IMPACT OF PRIVATE ANTITRUST ENFORCEMENT ON THE EFFECTIVENESS OF PUBLIC COMPETITION LAW

Summary/Abstract: The growing importance of private law antitrust enforcement also has an impact on publiclaw antitrust enforcement, including its effectiveness. Attempts were made to reduce the negativeimpact by implementing Directive 2014/104/EU. It provides for new institutions, such as limitingthe joint and several liability of an immunity recipient and limiting the disclosure of evidence. Thelegislator conservatively applies restrictions only to cartels, thereby increasing the negative impacton the principle of effective public enforcement of the law. It seems that the legislator assumed,following the CJEU, that private enforcement also has a positive impact on the principle of effec-tiveness of public competition law by discouraging its violation.

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