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

Abstract

This article concentrates on amendments to the Polish legal framework for consensual dispute resolution that are needed after 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 defined in the Directive. The remainder of the article is structured as follows. It continues with the presentation of legal solutions regarding the effects of consensual dispute resolution. In short, it explains these effects on limitation periods, proceedings and fines. Furthermore, the article presents the effect 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.