The article analyses the significance of the ECJ preliminary ruling on competition law. Starting with the general characteristic of the preliminary ruling of the Court of Justice, its legal regulation in TFEU and its effects, it focuses on the concrete judgement of the Court (Tenth Chamber) of 7...

By the decision of 9 June 2009, the Antimonopoly Office of the Slovak Republic (Protimonopolný úrad Slovenskej republiky, hereafter AMO) has found that three major Slovak banks had infringed Article 81 TEC (now Article 101 TFEU) as well as the applicable Slovak competition rules contained in...

The study focuses on the admissibility and assessment of economic expertise in EC competition law litigation. I start by exploring the broader issues raised by the integration of economic expertise in litigation: in particular the risk of moral hazard and adverse selection because of the...

This paper challenges the classical view on the role of litigation in Japan by examining a particular type of litigation, namely private antitrust litigation. It shows that the widely held idea that antitrust litigation in Japan is rare only holds when compared to the US, not Europe. The...

The Polish Supreme Court delivered on 3 October 2013 an important ruling (Ref. No. III SK 67/12) concerning the case of PKP Cargo S.A. (hereafter, PKP Cargo) against the Polish Competition Authority – the President of the Office for Competition and Consumer Protection (hereafter, UOKiK). The...

The present paper reexamines the premises set forth in the Trinko decision, which casts the doubt on whether Courts are suited to effectively force monopolists in regulated industries to share its resources with competitors. The paper examines the capability of Courts in effectively planning the...