Provisions of the Damages Directive on Limitation Periods and their Implementation in CEE Countries
Provisions of the Damages Directive on Limitation Periods and their Implementation in CEE Countries
Author(s): Klemen Podobnik, Ana VlahekSubject(s): Business Economy / Management, Commercial Law
Published by: Wydawnictwo Naukowe Wydziału Zarządzania Uniwersytetu Warszawskiego
Keywords: limitation of antitrust damages claims; limitation; limitation periods; suspension of limitation; interruption of limitation; competition law; antitrust; liability for damages; Directive 2014/104/EU;
Summary/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.
Journal: Yearbook of Antitrust and Regulatory Studies (YARS)
- Issue Year: 10/2017
- Issue No: 15
- Page Range: 147-175
- Page Count: 29
- Language: English