BUDE FUNGOVAŤ SÚKROMNOPRÁVNE VYMÁHANIE SÚŤAŽNÉHO PRÁVA?
Will private enforcement of competition rules work in practice?
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The Slovak Republic has fulfilled its obligation to transpose the EU Directive on private enforcement of competition law (2014/104/EU) approving the Act No 350/2016 Coll. on certain rules regulating actions on recovery of damage caused by competition rules violation. Although the act is in force for a couple of months by now there is a serious doubt concerning working of this legal regulation in practice. Based on the US successful experience with the private enforcement of competition law the article informs about the legal regulation of the so called horizontal framework of collective redress in the EU and afterwards explores the ambitions of the Slovak legislator in this field. It draws attention to the main difference resulting from the comparison of the respective EU recommendation and the reality in the Slovak republic. Whereas in EU recommendation is the general regulation of collective redress covering more specific branches of law foreseen (e. g. consumer protection, environmental law, competition law), in the Slovak republic the ambition of the class actions regulation is by now restricted by the framework of consumer protection regulation (Consumer Code comprising also class actions is being prepared). The article offers also other alternatives to this legislative solution that perhaps correspond better to the presented EU approach.
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