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Student
Title
Supervisor
Faculty
Educational Programme
Final Grade
Year of Graduation
Konstantin Drobik
Compensation of Damages caused by Breach of Competition Law
Corporate Lawyer
(Master’s programme)
2017
A subject of the following paper is the analysis of damages as a means of private law protection of the rights of persons violated by violation of the antitrust laws. The purpose of the study is an identification of the main features of damages as civil liability for harm caused by antitrust infringements. In addition, the author attempted to develop proposals to improve the mechanism for the recovery of damages caused by violation of the antitrust laws, based on the experience of regulation at the European Union level.

In the course of writing the work the author has the following objectives: to give a legal description of the damages caused by the violation of antimonopoly legislation; to identify the advantages and disadvantages of a claim for the "antitrust" damages and problems arising in the process of proof for the respective categories of cases; to analyze the experience of the European Union in this matter.

As a result of this study the author concluded that the Institute of "antitrust" damages in domestic jurisdictiei is in the early stages of development, characterized by the shortcomings of the doctrinal study of the question (in terms of the category of "pure economic loss", causation in tort obligations) and enforcement problems that arise in the course of proof for the respective categories of cases (absence of economic methods, the problems of proving causation).

The author proposes to take a number of approaches adopted by the European Union in the course of development of "antitrust" damages, namely the achievement of scientific consensus on the acceptability and implementation mechanism of "pure economic losses"; development of economic methods for calculating damages; the imposition of additional procedural safeguards to the plaintiffs in frame of "stand-alone" claims and other recommendations for further development of considered Institute of private law protection of competition.

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