scholarly journals Ekonomski gubitci kao šteta u hrvatskom odštetnom pravu nakon prenošenja Direktive 2014/104/EU

2017 ◽  
Vol 38 (1) ◽  
pp. 397-416
Author(s):  
Maja Bukovac Puvača
Keyword(s):  
Competition Law ◽  
Eu Member States ◽  
National Courts ◽  
Full Compensation ◽  
Draft Bill ◽  
The Right ◽  
The Impact ◽  
Abuse Of Dominance ◽  
Paper Author ◽  
The Eu

Directive 2014/104/EU, which should facilitate the exercise of the right to compensation for damage caused by an infringement of competition law, has entered into force at the end of 2014. In this paper author draws attention to some issues of liability for damages recognized as disputable during the process of its adoption, but failed to regulate by European legislator. In more detail is analysed the notion of damage, for which Directive endeavour to ensure effective exercise the right to claim full compensation in the national courts of the EU Member States. Due to the nature of acts, which represent the infringements of competition law (anti-competitive agreements and abuse of dominance); application of adopted rules seems to be very complicated in practice. Particularly complex issues are passing-on defence, the indirect purchasers’ right to claim, the recognition of the impact of protective prices (“umbrella effects”) and quantifi cation of damage. The paper presents the provisions of draft bill by which Directive should be transposed in Croatian legislation, related to the discussed issues.

Is “Privacy” a Means to Protect the Competition or Advance Objectives of Innovation and Consumer Welfare?

2020 ◽  
pp. 106-124
Author(s):  
Arletta Gorecka
Keyword(s):  
Competitive Equilibrium ◽  
Competition Law ◽  
Consumer Welfare ◽  
Multidimensional Approach ◽  
Privacy Concerns ◽  
Eu Member States ◽  
Eu Competition Law ◽  
The Impact ◽  
The Relationship ◽  
The Eu

The relationship between competition law and privacy is still seen as problematic with academics and professionals trying to adequately assess the impact of privacy on the competition law sphere. The chapter looks at the legal development of the EU merger proceedings to conclude that EU competition law is based on the prevailing approach and assesses decisions involving data through the spectrum of keeping a competitive equilibrium in hypothetical markets. Secondly, it considers the legal developments in the EU Member States' practice, which acknowledges the apparent intersection between the phenomena of competition law and privacy. This chapter attempts to propose that privacy concerns appear to hold a multidimensional approach on competition legal regime; nevertheless, it does not result in the need of legal changes within the remits of competition law, as the privacy concerns are already protected by the data protection and consumer protection law.

scholarly journals El Derecho internacional privado de la Unión Europea frente a las acciones por daños anticompetitivos = European Union Private International Law in front of antitrust damages actions

2018 ◽  
Vol 10 (2) ◽  
pp. 7
Author(s):  
Alfonso-Luis Calvo Caravaca ◽  
Javier Carrascosa González
Keyword(s):  
European Union ◽  
International Law ◽  
Competition Law ◽  
Private International Law ◽  
Eu Member States ◽  
National Courts ◽  
Legal Standing ◽  
Palabras Clave ◽  
European Competition Law ◽  
The Eu

Resumen: Este trabajo muestra cómo el TJUE y los tribunales nacionales de los Estados miem­bros de la UE aplican los Reglamento Bruselas I-bis y Roma II a las acciones de daños por infracción del Derecho antitrust europeo. Este trabajo subraya algunas de las dificultades que está encontrado la aplicación privada del Derecho de la competencia: la frecuente inoperancia de los foros de sumisión, la peculiar interpretación del forum delicti commissi, las sorpresas derivadas del forum connexitatis y las soluciones contrapuestas a las cuestiones de legitimación procesal activa y pasiva (como, por ejemplo, la responsabilidad de la sociedad matriz por el comportamiento de sus filiales).Palabras clave: acciones para la indemnización de daños anticompetitivos, acciones autónomas, acciones de seguimiento, acciones declarativas negativas, acciones Torpedo, competencia judicial inter­nacional, daños, defensa basada en la repercusión de sobrecostes, Derecho antitrust, Derecho aplicable, Derecho europeo de la competencia, efecto paraguas, passing-on, Unión Europea.Abstract: This essay shows how the CJEU and the national courts of the EU Member States apply the Brussels I-bis and Rome II Regulations to actions for damages for infringement of European anti­trust law. This paper highlights some of the difficulties encountered in the private application of Euro­pean competition law: the frequent inoperativeness of the submission forums, the peculiar interpretation of the forum delicti commissi, the surprises derived from the forum connexitatis and the opposing solu­tions to the issues of active and passive legal standing (as, for example, the responsibility of the parent company for the behavior of its subsidiaries).Keywords: Antitrust damages actions, Stand-alone actions, Follow-on actions, negative declara­tory actions, Torpedo actions, Jurisdiction, Damages (Torts), passing-on defence, Antitrust Law, Appli­cable Law, European Competition Law, umbrella effect, European Union.

scholarly journals How to Throw the Baby out with the Bath Water. A Few Remarks on the Currently Accepted Scope of Civil Liability for Antitrust Damages

2015 ◽  
Vol 8 (12) ◽  
pp. 61-77
Author(s):  
Agata Jurkowska-Gomułka
Keyword(s):  
Subject Matter ◽  
Competition Law ◽  
Civil Liability ◽  
Eu Member States ◽  
Joint And Several Liability ◽  
Full Compensation ◽  
The One ◽  
Effective Development ◽  
The Right ◽  
Medium Enterprises

The Damages Directive introduces the right to ‘full compensation’ and the principle of ‘joint and several liability’ for antitrust damages (Article 3(1) and Article 11(1) respectively). The Directive does not determine the type of damage that can be awarded in civil proceedings. In theory, there are thus no barriers to establish punitive, multiple or other damages. In practice, it is rather unlikely that such types of damages will be awarded after the implementation of the Directive due to the ban placed on overcompensation in its Article 2(3). This paper will try to decode the concept of ‘full compensation’ and ‘joint and several liability’ in light of the Damages Directive as well as EU jurisprudence. An adequate understanding of these terms is without a doubt one of the key preconditions of correctly implementing the Directive and, consequently, a condition for making EU (competition) law effective. While on the one hand, a limitation of the personal scope of civil liability can currently be observed in EU law (covering both legislation and case law), a broadening of its subject-matter scope is visible on the other hand. With reference to the personal scope of civil liability, the Directive itself limits the applicability of the joint and several responsibility principle towards certain categories of infringers: small & medium enterprises (Article 11(2)) and immunity recipients in leniency (Article 11(3)). Considering the subject-matter scope of civil liability, the acceptance by the Court of Justice of civil liability for the ‘price umbrella effect’ should be highlighted. In addition, the principle of the ‘passing-on defence’ can also be regarded as a manner of broadening the scope of civil liability for antitrust damage (Article 12–16). The paper will present an overview of the scope of civil liability for antitrust damages (in its personal and subject-matter dimension) in light of the Directive and EU jurisprudence. The paper’s goal is to assess if the applicable scope will in fact guarantee the effective development of private competition law enforcement in EU Member States. This assessment, as the very title of this paper suggests, will be partially critical.

scholarly journals The impact of COVID-19 on households´ income in the EU

2021 ◽  
Author(s):  
Vanda Almeida ◽  
Salvador Barrios ◽  
Michael Christl ◽  
Silvia De Poli ◽  
Alberto Tumino ◽  
...  
Keyword(s):  
Fiscal Policy ◽  
Disposable Income ◽  
Income Loss ◽  
Eu Member States ◽  
Policy Interventions ◽  
Discretionary Fiscal Policy ◽  
Policy Measures ◽  
The One ◽  
The Impact ◽  
The Eu

AbstractThis analysis makes use of economic forecasts for 2020 issued by the European Commission in Autumn 2019 and Spring 2020, and of a counterfactual under a no-policy change assumption, to analyse the impact of the COVID-19 crisis on EU households´ income. Additionally, our analysis assesses the cushioning effect of discretionary fiscal policy measures taken by the EU Member States. We find that the COVID-19 pandemic is likely to affect significantly households’ disposable income in the EU, with lower income households being more severely hit. However, our results show that due to policy intervention, the impact of the crisis is expected to be similar to the one experienced during the 2008–2009 financial crisis. In detail, our results indicate that discretionary fiscal policy measures will play a significant cushioning role, reducing the size of the income loss (from −9.3% to −4.3% for the average equivalised disposable income), its regressivity and mitigating the poverty impact of the pandemic. We conclude that policy interventions are therefore instrumental in cushioning against the impact of the crisis on inequality and poverty.

L'azione dell'Unione europea contro le discriminazioni basate sulla religione: l'impatto della giurisprudenza della Corte europea dei diritti umani

2012 ◽  
pp. 475-511
Author(s):  
Federico Casolari
Keyword(s):  
Human Rights ◽  
General Framework ◽  
Case Law ◽  
Legal Order ◽  
Equal Treatment ◽  
Freedom Of Religion ◽  
Eu Law ◽  
The Right ◽  
The Impact ◽  
The Eu

Law Although EU law has established a general framework concerning the fight against discriminations on the grounds of religion (namely as far as equal treatment in employment and occupation is concerned), the related ECJ case law is not very rich. This article tracks and evaluates the impact of the ECHR case law devoted to the freedom of religion on the interpretation and application of EU law concerning religion discriminations. It argues that the ECHR case law may contribute to identify the notion of ‘religion' which is relevant for EU law, while several arguments may be put forward against the application of the Strasbourg approach to the balancing between the right to quality based on religion and others human rights into the EU legal order.

Developments and perspectives of health literacy in Europe

2017 ◽  
Vol 25 (1) ◽  
pp. 10-12 ◽  
Author(s):  
Kristine Sørensen ◽  
Helmut Brand
Keyword(s):  
Health Literacy ◽  
Member States ◽  
Eu Member States ◽  
The World ◽  
European Health ◽  
A Priority ◽  
The Impact ◽  
The Eu

Abstract A decade ago the European health literacy field was in its infancy. A comparable study among EU Member States was made to explore if health literacy was as much as a concern in Europe as elsewhere in the world. This article analyses the impact of the European Health Literacy project (2009–2012). Based on the outcomes new avenues for health literacy in Europe are proposed. In spite of progress there is still a strong call for actions to make health literacy a priority in the EU.

scholarly journals European myriad of approaches to parasitic commercial practices

2017 ◽  
Vol 8 (2) ◽  
pp. 167 ◽  
Author(s):  
Radka MacGregor Pelikánová
Keyword(s):  
Quantitative Research ◽  
Meta Analysis ◽  
Value Added ◽  
Unfair Competition ◽  
Member States ◽  
Secondary Sources ◽  
Eu Member States ◽  
Unfair Commercial Practices Directive ◽  
The Impact ◽  
The Eu

Research background: The Post-Lisbon EU aims at smart, sustainable, and inclusive growth on the single internal market, as indicated by the Europe 2020. The interplay of the competition and consumer protection on such a market is subject to harmonization. The Unfair Commercial Practices Directive has been made in order to achieve a full harmonization in this respect in 2007. However, EU member states share different social, political, legal and economic traditions and their approaches to unfair competition, in particular if committed via parasitic commercial practices, are dramatically diverse. In such a context, is it feasible, effective and efficient to install a full harmonization?Purpose of the article: The primary purpose of this article is to describe and assess ap-proaches to unfair competition, in particular if committed via parasitic commercial practices, by the EU law and EU member states law. The secondary purpose is to study and evaluate possibilities for the feasible, effective and efficient harmonization, or their lack. Methods: The cross-disciplinary and multi-jurisdictional nature of this article, and its dual purposes, implies the use of Meta-Analysis, of the critical comparison of laws and the impact of their application, to the holistic perception of historical and national contexts, and to case studies. The primary and secondary sources are explored and the yield knowledge and data are confronted with the status quo. The dominating qualitative research and data are complemented by the quantitative research and data.Findings & Value added: The EU opted for an ambitious challenge to install via the Unfair Commercial Practices Directive a full harmonization of the regime against unfair commercial practices, including parasitic ones. The exploration pursuant to the duo of purposes suggests that the challenge is perhaps too ambitious and that the EU underestimated the dramatic diversity of approaches to unfair commercial practices, especially parasitic ones.

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