OUT OF MIND
Would you like to react to this message? Create an account in a few clicks or log in to continue.
Latest topics
» The Insanely Dark Story Behind “Poltergeist” and its Young Star Heather O’Rourke
Google Alert - US Returns to Common Law EmptyToday at 4:40 pm by PurpleSkyz

» Robot shocks with how human-like it is
Google Alert - US Returns to Common Law EmptyToday at 4:26 pm by PurpleSkyz

» Melbourne, Australia — Dec 4th, 2021: Massive, Spirited Protest Against Medical Tyranny
Google Alert - US Returns to Common Law EmptyToday at 4:19 pm by PurpleSkyz

» Biden admin agrees to pause COVID shot mandate for healthcare workers. Fact Is they had no choice!
Google Alert - US Returns to Common Law EmptyToday at 4:13 pm by PurpleSkyz

» THE GREAT RESET: ‘Now Or Never’, The Great ‘Transition’ Must Be Imposed – By Alastair Crooke
Google Alert - US Returns to Common Law EmptyToday at 4:07 pm by PurpleSkyz

» Two German Footballers Collapse ‘Suddenly & Unexpectedly’ During the Same Match
Google Alert - US Returns to Common Law EmptyToday at 4:04 pm by PurpleSkyz

» 'Stick Your Vaccine Mandate Up Your A**' Anthem Spreads
Google Alert - US Returns to Common Law EmptyToday at 3:54 pm by PurpleSkyz

» The FDA Slaps Major Warning About Pfizer Drug as Vaccine Reactions Come Under Scrutiny
Google Alert - US Returns to Common Law EmptyToday at 3:49 pm by PurpleSkyz

» Burning triangular object flying over South Carolina
Google Alert - US Returns to Common Law EmptyToday at 3:46 pm by PurpleSkyz

» Researchers Afraid To Publish Vaccine Heart Inflammation Study & Risk Funding Loss From Big Pharma
Google Alert - US Returns to Common Law EmptyToday at 3:39 pm by PurpleSkyz

» EPISODE 6 LINK
Google Alert - US Returns to Common Law EmptyToday at 3:29 pm by PurpleSkyz

» One of Florida’s Biggest Hospital Systems Suspends All Covid Vaccine Mandates
Google Alert - US Returns to Common Law EmptyToday at 3:27 pm by PurpleSkyz

» Research Determines Link Between Air Pollution and Mental Illness
Google Alert - US Returns to Common Law EmptyYesterday at 3:15 pm by PurpleSkyz

» CDC: No Record of Naturally Immune Transmitting COVID-19
Google Alert - US Returns to Common Law EmptyYesterday at 3:00 pm by PurpleSkyz

» Surprised? Pfizer, BioNTech Say Jab for New ‘Omicron’ Strain Ready in 100 days
Google Alert - US Returns to Common Law EmptyYesterday at 2:55 pm by PurpleSkyz

» Pacific Ocean garbage patch is immense plastic habitat
Google Alert - US Returns to Common Law EmptyYesterday at 2:50 pm by PurpleSkyz

» Unvaccinated Sit-In Shuts Down Panera in NYC
Google Alert - US Returns to Common Law EmptyYesterday at 6:54 am by PurpleSkyz

» Nevada Becomes First State To Impose Surcharge On Unvaccinated Workers
Google Alert - US Returns to Common Law EmptyYesterday at 6:52 am by PurpleSkyz

» We’ve Only Just Begun To See The Benefits Of The New Surge In Homeschooling
Google Alert - US Returns to Common Law EmptyYesterday at 6:51 am by PurpleSkyz

» Congressman Introduces Bill to Force FDA to Release Pfizer Documents Within 100 Days, Instead of 55 Years
Google Alert - US Returns to Common Law EmptyYesterday at 6:49 am by PurpleSkyz

» Pro-Vaxxers Triggered After Country Music Legend Reveals He Won’t Get Vax
Google Alert - US Returns to Common Law EmptyYesterday at 6:46 am by PurpleSkyz

» It’s Time to Free Leonard Peltier, America’s Longest Serving Political Prisoner
Google Alert - US Returns to Common Law EmptyYesterday at 6:43 am by PurpleSkyz





Holistic Alternative
Health Care
by Bridgette Lyn Dolgoff

CONTACT HERE TO SCHEDULE ONLINE SESSIONS
www.https://coe-llc.com

NEW ETSY SHOP FEATURING HERBAL SALVES

NOW MAKING A MEDICATED OIL FOR PEOPLE WHO HAVE PCR DAMAGE
www.https://coe-llc.com










Sway on Out Of Mind:
Sway's Website:
josuemercadoproductions.tk
Buy Me A Coffee:
PayPal:www.paypal.me/swaymerk CashApp:

You are not connected. Please login or register

OUT OF MIND » THE INSANITY OF REALITY » GOVERNMENT & THE NEW WORLD ORDER » Google Alert - US Returns to Common Law

Google Alert - US Returns to Common Law

2 posters

Go down  Message [Page 1 of 1]

1Google Alert - US Returns to Common Law Empty Google Alert - US Returns to Common Law Thu Nov 13, 2014 12:10 am

ymoilman2



Google Alert - US Returns to Common Law

‘Inspired by common law’: EU damages Directive opens door for competition disputes but steers clear of class actions
12 November 2014 12:02
by Sarah Downey


Monday (10 November) saw the EU Council of Ministers formally adopt the European Commission's Directive on antitrust damages, a move to standardise multiple aspects of competition litigation across the EU and one which City competition lawyers believe will generate an uptick in potential cases.
Clifford Chance competition partner Matthew Scully notes that the impact will be greater on certain EU member states compared to the UK and says: 'A lot of the Directive is inspired by common law procedure such as disclosure. Much of that procedural armour exists in England so the effect may be less noticeable.'
Principally, one of the Directive's main provisions creates an acknowledgment that victims of anti-competitive behaviour have a right to compensation, although this does not include punitive, multiple or over-compensatory damages and is indicative of general wariness towards the US-style system that typically encourages litigation.
'The Commission are very conscious not to adopt a US system of class actions and give rise to the so called excesses of litigation,' comments Hogan Lovells partner Nicholas Heaton. 'There's a lot of political concern about that on an EU level. One needs to be cautious not to replicate what's happened in the States.'

Other notable points includes the ability for national courts to order companies to disclose evidence in court proceedings – a system already in place in the UK and Holland – while whistle-blower programmes are protected with safeguards to ensure companies are encouraged to come forward with information on internal misconduct.
Heaton adds: 'The overall impact will be to encourage further claims and make those claims easier when they're brought. There isn't a single element in the Directive, from a UK perspective, that is vastly more significant than any other. It just provides further encouragement to what is already an area with a lot of momentum behind it. If you've been fined by the Commission you can expect to be sued for damages, and you can also expect to be sued in the UK because that's the jurisdiction of choice for claimants'.

On the Directive, EU Commissioner for competition policy Margrethe Vestager noted the need for a more robust competition culture in Europe and said: 'I am very glad that the Council has now also formally approved the Directive on antitrust damages actions. I am very pleased that it will be easier for European citizens and companies to receive effective compensation for harm caused by antitrust violations'.
The UK notably has made progressive efforts to overhaul the rights of consumers via the Consumer Rights Bill, which will enhance consumer rights by streamlining complex areas of consumer legislation into a single bill and introduce an 'opt-out' collective redress mechanism for victims of competition law infringements. Subsequently, this has led to fears from the profession that it could open the door to US-style class actions. While there were originally proposals for the adoption of an EU-wide system of class actions to allow victims to group their claims together when pursuing damages, the issue has notably been avoided by the body within its latest damages Directive.

CC's Scully says: 'The EU will probably come back to it at some point – they haven't steered away definitively. The Consumer Protection Bill is going through Parliament and the French have recently adopted a new class action system. The EU may well come back and revisit if it wants to bring in a European type of class action regime. They've parked it for the moment but not completely abandoned it.'
Having received approval by the European Parliament in April, the Directive is expected to be formally signed during the Parliament's plenary session at the end of this month and Member States will then subsequently have two years to implement it.

sarah.downey@legalease.co.uk

PurpleSkyz

PurpleSkyz
Admin

thanks yman!



  

Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum