engleski

Private Enforcement of Competition Law in Croatia – The New Act on Actions for Damages for infringement of Competition Law

The aim of this article is to analyse the situation in the area of damage claims for the infringement of competition law in the Republic of Croatia. The new Act on actions for damages for infringements of competition law contains substantive and procedural rules governing actions for damages for infringements of the competition law provisions. The substantive rules concern the subject matter and scope of the application, the right to full compensation, the presumption that cartel infringements cause harm, joint and several liability of undertakings’ that have caused the infringement through joint behavior, passing on overcharges, the effects of consensual settlements on subsequent actions for damages. The procedural rules consist of definitions and rules governing disclosure of evidence, especially the disclosure of evidence included in the file of a competition authority, the effect of the competition authorities' and the courts' final decisions, the limitation periods, postponement of the action for damages for up to two years due to consensual dispute resolution in respect of the claim. Special emphasis will be on certain rules that depart from our legal tradition. The author will attempt to indicate the problems resulting therefrom and offer possible clarifications.

Competition Law, Damage Claims, the European Union, the Republic of Croatia.

Ovaj rad je sufinancirala Hrvatska zaklada za znanost projektom br. 5709 „Perspektive očuvanja socijalne države: transformacija sustava socijalne sigurnosti za fizičke osobe u personaliziranoj medicini”.