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Effective Road To Quantification Of Damages In EU Antitrust Law : Actions For Damages: A Hinder Or A Facilitator?

Show simple item record 2020-06-29T15:34:16Z 2020-06-29T15:34:16Z 2020-06-29
dc.title Effective Road To Quantification Of Damages In EU Antitrust Law : Actions For Damages: A Hinder Or A Facilitator? en
ethesis.discipline Eurooppaoikeus fi
ethesis.discipline European law en
ethesis.discipline Europarätt sv
ethesis.faculty Oikeustieteellinen tiedekunta fi
ethesis.faculty Faculty of Law en
ethesis.faculty Juridiska fakulteten sv
ethesis.faculty.URI Helsingin yliopisto fi University of Helsinki en Helsingfors universitet sv
dct.creator Özgür, Baykara
dct.issued 2015
dct.language.ISO639-2 eng
dct.abstract The competitiveness in and of the internal market of the EU is one of the main objectives of the Treaty of the European Union. In the EU, private enforcement is seen as a complimentary mechanism of public enforcement to attain the goals of competition law policy. Following the publication of Regulation 1/2003, the private enforcement of EU competition law has gained steady pace for development. During the past decade multiple legal instruments have been produced by the EU legislators to facilitate actions for damages, however, with limited accuracy and clarity for the victims of competition law infringements. The latest legislative piece, the Damages Directive, does not provide harmonization of the procedures leading up to the quantification phase or the methods for quantification .The procedural elements of the actions for damages are greatly left to the discretion of the national courts as long as the application of the twin EU principles of effectiveness and equality are ensured. The lack of clear guidelines in these aspects of the damages actions often create ambiguity and contrasting outcomes in different member states. Furthermore, the interplay between the tasks assigned to EU competition law combined with the application of “concept of effectiveness” often puts the parties in confusing situations in the hands of the national courts. This study focuses on the possibility of a victim of competition law infringement to effectively bring an action for damages by demonstrating the shortcomings of the various elements of the claim process and assesses whether the legal instruments and applicable other sources of law provide sufficient relief for the claimants. Furthermore, the policy choices of the EU are assessed to their compatibility from the potential victim’s and defendant’s perspective. The methods of quantification, which is the last phase of the claim is also reviewed from both economic and legal perspective. regarding The claim friendliness of the processes is also reviewed through its application, which remains in the hands of recent national case law. The study concludes that the policy choices are the main reason behind the inefficiencies and that effective application of competition law can be found by a more concentrated approach between the deterrence and corrective tasks assigned to private enforcement and advises the claimants to pursue a number of procedural reliefs. en
dct.subject EU Competition law
dct.subject Damages Actions
dct.subject Private Enforcement
dct.subject Quantification of Damages
dct.subject Effective application of EU Law
dct.language en
ethesis.language English en
ethesis.language englanti fi
ethesis.language engelska sv
ethesis.thesistype pro gradu -tutkielmat fi
ethesis.thesistype master's thesis en
ethesis.thesistype pro gradu-avhandlingar sv
dct.identifier.ethesis E-thesisID:1c14bbe0-135e-4aa7-8604-111decce83fa
ethesis-internal.timestamp.reviewStep 2020-05-22 08:15:55:340
dct.identifier.urn URN:NBN:fi:hulib-202006293453
dc.type.dcmitype Text
ethesis.facultystudyline.URI none
ethesis.mastersdegreeprogram.URI none

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