Harm compensation caused by violation of the competition law rules in the European Union

• Main Author: Ilkić Zoran
• Format: Article
• Language: English
• Published: Institute of Comparative Law, Belgrade 2018-01-01
• Series: Strani pravni život
• Subjects: competition law; private enforcement; compensation; quantification of harm; proving; joint and several liability; limitation period
• Online Access: https://scindeks-clanci.ceon.rs/data/pdf/0039-2138/2018/0039-21381801021I.pdf

The author in this paper points out the most important sources of European Union law that standardise and define the rights and procedures in which persons injured in violation of competition rules can achieve private enforcement of their interests. Particular consideration is given to the fact that the specificity of competition disputes aggravates the initial process position of the injured party, and that, due to the asymmetry of information, he has limited possibilities to prove the facts relevant to his claim. Problems with quantification and model of determining the volume and height of harm have been especially highlighted. Some material and procedural consequences of the initiated or completed proceedings have been analysed, as well as the need to apply the limitation period differently than in the usual compensation lawsuits. In the final part of the paper the author points to certain solutions in the United States antimonopoly law, which are significantly different from the normative provisions of EU legislation.