As regras antitrust e o direito a uma reparação efetiva
: o acesso às declarações de clemência

  • Sílvia Bessa e Venda (Student)

Student thesis: Master's Thesis

Abstract

The purpose of the recent Directive 2014/104/EU is to ensure the effective enforcement of antitrust rules, i.e., ensure that public and private applications operate in a complementary relationship. One of the measures adopted was the creation of a so-called blacklist of evidence, which cannot be used in actions for damages, and which includes the leniency applications. So far, the Commission and the National Competition Authorities have refused disclosure, taking into account their confidential nature. However, the Union case-law affirm the existence of a right of access, in certain circumstances, and the latest even declare that a total refusal violates European Union competition law. We conclude that the list is liable to make, in practice, the effective exercise of the right to compensation impossible. That is why we defend that the national courts should have the possibility of considering the interests involved, on a case-by-case analysis.
Date of Award10 Sept 2015
Original languagePortuguese
Awarding Institution
  • Universidade Católica Portuguesa
SupervisorSofia Oliveira Pais (Supervisor)

Keywords

  • Enforcement
  • Antitrust
  • Cartel
  • Leniency
  • Application
  • Damage
  • Compensation
  • Disclosure
  • Proof
  • Blacklist

Designation

  • Mestrado em Direito

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