Nominee

Actions for damages in European Union and Eurasian Economic Union: legal and comparative analysis

Click here to read the full article online

The aim of the article is to answer the question whether it is possible to adopt such a legal act regulating actions for damages under national law for infringements of the competition law provisions of the Member States and of the Eurasian Economic Union such as the Directive 2014/104/EU of the European Parliament and of the Council of 26 November 2014 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. At the end of research the author came to conclusion that the applicable national legal norms on the protection of competition are very divergent which cannot serve the principle of legal certainty and do not protect fully the rights of injured parties who have suffered from the violation of antimonopoly law. Therefore we propose to include the right to compensation in antitrust cases, the norm that the amount of damages to be compensated shall be determined by the court taking into account all the circumstances of the case on the basis of the principles of fairness and proportionality of liability to the breach of obligation in case the amount of damages cannot be established with reasonable degree of reliability, the norm states that the full compensation should not lead to overcompensation as core provisions of the concept of the international treaty in this sphere.