Enhancement of the Private Enforcement of Competition Law - A Success?

Show full item record

Permalink

http://urn.fi/URN:NBN:fi:hulib-201702081276
Title: Enhancement of the Private Enforcement of Competition Law - A Success?
Author: Simola, Nora
Contributor: University of Helsinki, Faculty of Law
Thesis level: master's thesis
Abstract: The thesis discusses the private enforcement of competition law in cartel cases. The discussion evolves around the Directive 2014/104/EU on antitrust damages actions (“Damages Directive”), which was due to be transposed into national legislation of the Member States of the European Union by the 27th of December 2016. The purpose of the thesis is to provide a journey through the development of the private enforcement of competition law in the EU from the point of view of the European Commission as well as the European Court of Justice. The reader will notice that the principles that drive the European Commission towards the enhancement of private enforcement of competition law are not identical to those of the European Court of Justice. This is portrayed through various cases of the Court of Justice as well as various documents of the Commission, most important of which is the Damages Directive. The thesis focuses on a main theme which is the apparent conflict between public and private enforcement of competition law. At the centre of the tension lies the Leniency Programme, which is of great importance in detecting cartels. Attention is drawn for example to the differences of interest in regard to the disclosure of leniency document for evidence in private litigation in which the different approaches of the Court and the Commission is evident. The thesis sets out to evaluate the success of the Damages Directive on strengthening the position of private enforcement of competition law within the EU while keeping the thought of the possible mismatch of private and public enforcement in mind. As an example of the legislative process of implementing the Damages Directive, Finland’s journey to implementation is viewed.
URI: URN:NBN:fi:hulib-201702081276
http://hdl.handle.net/10138/175461
Date: 2017
Discipline: Kauppaoikeus
Commercial law
Handelsrätt


Files in this item

Files Size Format View

There are no files associated with this item.

This item appears in the following Collection(s)

Show full item record