engleski

Compensation of damage caused by infringements of the competition law in Republic of Croatia

Effective competition presupposes the equality of all market participants, ensuring free competition in the market. But this equality is often put to the test by various actions of the participants, who guided by the desire for a greater profit secures unduly favourable position in relation to other participants. National lawmakers, as well as European Union, seek to protect free competition primarily by means of public law protection. However, by the practice of the Court of Justice of the European Union and Regulation No 1/2003, articles 101. and 102. of Treaty on the Functioning of the European Union (TFEU) have become directly applicable in disputes between private parties for damages pending before the national courts. Private enforcement of the EU competition rules presents a problem because of the specificity of its subject matter, but also the general differences in tort law between Member states of the European Union. Therefore, the European Union in accordance with the principle of subsidiarity has brought Directive on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union adopted by the Council on 10 November 2014 and published in the Official Journal of the European Union on 5 December 2014. The Member States need to implement the Directive in their legal systems by 27 December 2016. Accordingly, we will proceed to compare the existing provisions of the compensation of damage in Republic of Croatia with Directive and the possibility of their implementation in the legal framework of tort law and law on the protection of competition in Republic of Croatia.

competition law ; compensation of damage ; prerequisites of liability for damages ; disclosure of evidence ; limitation periods

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