Consensual Dispute Resolution in the Damage Directive. Implementation in CEE Countries

• Main Author: Małgorzata Modzelewska de Raad
• Format: Article
• Language: English
• Published: University of Warsaw 2017-08-01
• Series: Yearbook of Antitrust and Regulatory Studies
• Subjects: private antitrust enforcement; arbitration; competition law arbitration; damages directive
• Online Access: https://www.yars.wz.uw.edu.pl/yars2017_10_15/49.pdf

This paper discusses the use of consensual dispute resolution for the purpose of antitrust damage claims as introduced by the Directive. It presents these type of claims in a broader context of arbitration (or ADR), in comparison with traditional claim settling before a state court. Particular focus is on selected CEE countries and their implementation of the Directive, serving as an example of the transposition of the Directive’s rules (Article 18 and 19) into national systems in the area of consensual dispute resolution. Specific institutions intended to encourage consensual resolution included in the Directive (and transposed into national systems) are being commented on as well. Lastly, the paper briefs on the advantages of ADR in general, and concludes that even post-Directive, ADR remains attractive as a complimentary instrument to public enforcement and state judiciary enforcement.