INDEMNITY CLAIM IN PRIVATE ENFORCEMENT CLASS ACTIONS
DOI:
https://doi.org/10.12662/2447-6641oj.v21i37.p261-275.2023Keywords:
class action, private enforcement, compensation claim, civil liability, competition law.Abstract
Context: The paper deals with the satisfaction of compensation for the fact that occurred in violation of competition law, specifically, Law No. 23/2018, of June 5 (Private Enforcement Law). Claims regarding indemnity protection under the law on private enforcement is carried out through the Popular Action Law (Law no. 83/95, of August 31, combining Civil Procedure rules, if the fact is a result of interindividual relationships; or the Administrative Courts Procedure Code, if the fact is related with the Administration.
Purpose: The purpose of this article is to enlighten the reader on the role of private enforcement law and protection through class action when the objective is to be compensated for the violation of competition law.
Method: To do so, we went through bibliographical research, national legislative and jurisprudential analysis.
Results: One of the extracted results was the existing possibility of resorting to the institute of popular action as a form of protection of damages in competition law.
Conclusions: For this to be possible, it is necessary to combine several national and European legal instruments. In addition, it will be relevant to consider the parties involved in the process, namely: the author (association or company that appears in court), the party (represented in court by the author) and the (possible) third party financer.
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