1 / 8

Private Damages Actions: Actual Problems

Private Damages Actions: Actual Problems. Numerova Anna Russian-American conference “Consideration of antirust violations by the courts: Russian and foreign experience” July 7-8, 2011 Moscow. Private Damages Actions: Obligatory Elements. Actual damages. Lost profits.

russ
Download Presentation

Private Damages Actions: Actual Problems

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Private Damages Actions:Actual Problems Numerova Anna Russian-American conference “Consideration of antirust violations by the courts: Russian and foreign experience” July 7-8, 2011 Moscow

  2. Private Damages Actions: Obligatory Elements Actual damages Lost profits The breach of antitrust laws Damages and their size Causality between the breach and damages NOTE: measures for getting lost profits  decreasing damages • The breach of antitrust laws • Damages and their size • Causality between the breach and damages

  3. Breach of Antitrust Laws: Actual Cases • Setting monopoly high prices • Unfair competition • Avoiding conclusion of contracts • Overvaluation of transport tariffs • Refusal in providing a permission on conducting the funeral services • Payments for being of railway cars in customs clearance zone

  4. Private Damages Actions: Reasons for Dismissal • “…the plaintiff didn`t confirm by calculations and didn`t submit evidence of unconditional damages…” (FAC Povolzhskiy okrug, №A65-51/2009) • “…the court of the first instance made reasoned conclusion about nonclaim…” (FAC Povolzhskiy okrug, №A65-51/2009) • “…courts made conlusion about the failure of damage evidence and their size…” (SAC RF №VAS-7881/10) • “…the palintiff didn`t prove causality between his damages and non-act of the respondent …” (AC Moscow, №A40-140367/10-7-1194) • “…the fact of buying the goods by the plaintiff … at the price different from the market one … don`t confirm a cause of damages…” (FAC Severo-Zapadniy okrug, №A56-32803/2009)

  5. Private Damages Actions: Success Stories • “…it is not allowed usage of civil rights for competition restriction and abuse of dominance position on the market … protection of violated right is allowed … through indemnity for losses …” (AC Moscow, № А40-2196/11-50-19) • “…the plaintiff`s allegationabout damages caused the breach of antitrust laws in the amount of RUB 3 062 127,18 is reasonable and to be satisfied …” (AC Moscow, № А40-2196/11-50-19) • “…evidence submitted by the plaintiff are sufficient for imposition of liability for damages in the determined size …” (AC Nizhegorodskay oblast, № А43-6764/2007)

  6. Debating the Issues … • Evidence? • “… circumstances of overvalued tariffs were stated , but no circumstances of presence of plaintiff`s damages …” (FAC Povolzhskiy okrug, №A65-51/2009) • “… consideration by the UFAS of officials `actions to be breached the Competition Law doesn`t mean … compensation of damages …” (SAC № VAS-7881/10) • Who does make the market`s analysis? • “…taking into account assessment and comparison … and calculations of the respondent and third parties, the court decided that the price … cannot be determined like a monopoly high price…” (AC Moscow, №A40-146008/10-22-1268)

  7. Possible Development Trends • Guidelines on Calculation of Damages Caused the Breach of Antitrust Laws • Participation of an independent economic expert • Class action • Active position of antimonopoly service in the court hearings

  8. Thank you for your attention! • Anna Numerova, anumerova@alrud.ru • ALRUD Law Firm • 17 Skakovaya Street, 125 040 Moscow Russia • tel.: + 7 495 234 96 92, fax.: + 7 495 956 37 18 • www.alrud.com

More Related