Well Begun is Half Done: Amendments to the Polish Legal Framework for Consensual Dispute Resolution Needed After Antitrust Damages Directive (2014/104/EU)

Abstract

Th is article concentrates on amendments to the Polish legal framework for consensual dispute resolution that are needed aft er Antitrust Damages Directive (2014/104/EU). It starts with the general context of changes in consensual dispute resolution resulting from the Directive. In this regard, it provides an overview of approaches to consensual dispute resolution in the Commissions' Green and White papers as well as in the preamble to the Damages Directive. Also, it shows how consensual dispute resolution is defi ned in the Directive. Th e remainder of the article is structured as follows. It continues with the presentation of legal solutions regarding the eff ects of consensual dispute resolution. In short, it explains these eff ects on limitation periods, proceedings and fi nes. Furthermore, the article presents the eff ect of consensual settlements on subsequent actions for damages as well. Both legal solutions contained in the Damages Directive and Polish draft legal provisions implementing the Directive are discussed in this article. It concludes with a short summary.

Multilingualism in the EU and Consistency of Private Enforcement of Competition Law: Two Examples from CEE Countries

“…1 of the Directive as procedura ("procedure"), is not necessarily used in this limited meaning in the Directive. (See also Piszcz, 2017a). For example, Recital 45 sentence 2 of the Preamble to the Directive states that "[q]uantifying harm in competition law cases is a very fact-intensive process".…”