Quantification of Harm and the Damages Directive: Implementation in CEE Countries

• Authors: Mikelėnas Valentina , Zaščiurinskaitė Rasa
• Languages of publication: EN

Abstracts

EN

Quantification of harm is regarded as one of the most significant obstacles for the full compensation of harm and development of private enforcement within the European Union, including CEE Member States. Consequently, the Damages Directive establishes general rules and requirements for the quantification of harm, such as a rebuttable presumption of harm in case of cartels, the power of national courts to estimate harm as well as others, which closely interact with the principle of full compensation emphasized by the case-law of the European Union and directly established in the Damages Directive. The main focus of this paper is the effectiveness of the rules on the quantification of harm in general, and how these rules will contribute to the development of private antitrust enforcement in CEE Member States. Therefore, one of the issues to be discussed in the paper is the analysis of how, and to what extent specific rules and requirements for the quantification of harm have been transposed into the national legislation of CEE Member States. As certain CEE national jurisdictions have had certain rules for the quantification of harm already before the implementation of the Damages Directive, the paper analyses how effective these rules have been, and how much they have contributed to the development of private antitrust enforcement of those CEE national jurisdictions. Previous experience of those CEE Member States in applying specific rules for the quantification of harm is important, in order to assess the possible impact of the newly introduced rules on the quantification of harm and on private antitrust enforcement in general in other CEE Member States. The rules for the quantification of harm will not enhance private antitrust enforcement on their own, however, their effective application by national courts together with other rules under the Damages Directive should contribute to a quicker development of private enforcement in CEE Members States.

Keywords

EN

private antitrust enforcement; quantification of harm; full compensation; effectiveness; presumption of harm; implementation; Damages Directive; CEE Member States

• Publisher: Uniwersytet Warszawski. Wydział Nauk Ekonomicznych
• Journal: Yearbook of Antitrust and Regulatory Studies
• Year: 2017
• Volume: 10(15)
• Pages: 111-132

Dates

published

2017-06-30

Contributors

author

Mikelėnas Valentina

author

Zaščiurinskaitė Rasa

References

• Ashton, D. and Henry, D. (2013). Competition Damages Actions in the EU: Law and Practice. Cheltenham, Northampton: Edward Elgar Publishing Ltd.
• Bil, T., Broniek, A., Cincio, A. and Kiełbasa, M. (2011). Civil Code. Kodeks Cywilny, Warsaw: C.H. Beck.
• Blažo, O. (2017). Slovakia. In: Piszcz, A. (ed.), Implementation of the EU Damages Directive in Central and Eastern European Countries (247–262). Warsaw: Centre for Antitrust and Regulatory Studies.
• Butorac Malnar, V. (2017). Croatia. In: A. Piszcz (ed.), Implementation of the EU Damages Directive in Central and Eastern European Countries (55–84). Warsaw: University of Warsaw, Faculty of Management Press.
• Jerneva, J. and Druviete, I. (2017). Latvia. In: A. Piszcz (ed.), Implementation of the EU Damages Directive in Central and Eastern European Countries (157–178). Warsaw: University of Warsaw, Faculty of Management Press.
• Laužikas, E., Mikelėnas, V. and Nekrošius, V. (2003). Civilinio proceso teisė I (Law of Civil Procedure I). Vilnius: Justitia.
• Malinauskaitė, J. (2013). Private enforcement of competition law in Lithuania: A story of underdevelopment. Global Competition Litigation Review 3.
• Mikelėnas, V. and Zaščiurinskaitė, R. (2017). Lithuania. In: A. Piszcz (ed.), Implementation of the EU Damages Directive in Central and Eastern European Countries (179–210). Warsaw: University of Warsaw, Faculty of Management Press.
• Mircea, V. (2017). Romania. In: A. Piszcz (ed.), Implementation of the EU Damages Directive in Central and Eastern European Countries (237–246). Warsaw: University of Warsaw, Faculty of Management Press.
• Miskolczi Bodnár, P. (2017). Hungary. In: A. Piszcz (ed.), Implementation of the EU Damages Directive in Central and Eastern European Countries (127–156). Warsaw: University of Warsaw, Faculty of Management Press.
• Monti, G. (ed.). (2016). EU law and interest on damages for infringements of competition law – A comparative report. European University Institute. Retrieved from:
• http://cadmus.eui.eu/bitstream/handle/1814/40464/LAW_2016_11.pdf?sequence=3&isAllowed=y (01.06.2017).
• Nagy, C.I. (2016). Hungary (Competition Law). Budapest: Wolters Kluwer, 447–457.
• Organisation for Economic Co-operation and Development. (2011). Policy Roundtables. Quantification of Harm to Competition by National Courts and Competition Agencies. Retrieved from: http://www.oecd.org/daf/competition/QuantificationofHarmtoCompetition2011.pdf (01.06.2017).
• Pärn-Lee, E. (2017). Estonia. In: A. Piszcz (ed.), Implementation of the EU Damages Directive in Central and Eastern European Countries (109–126). Warsaw: University of Warsaw, Faculty of Management Press.
• Petr, M. (2017). Czech Republic. In: A. Piszcz (ed.), Implementation of the EU Damages Directive in Central and Eastern European Countries (85–108). Warsaw: University of Warsaw, Faculty of Management Press.
• Petrov, A. (2017). Bulgaria. In: A. Piszcz (ed.), Implementation of the EU Damages Directive in Central and Eastern European Countries (25–54). Warsaw: University of Warsaw, Faculty of Management Press.
• Piszcz, A. and Wolski, D. (2017). Poland. In: A. Piszcz (ed.), Implementation of the EU Damages Directive in Central and Eastern European Countries (211–236). Warsaw: University of Warsaw, Faculty of Management Press.
• Tóth, T. (2016). National Report – Hungary. In: G. Bándi, P. Darák, P. Láncos and T. Tóth (eds), Private Enforcement and Collective Redress in European Competition Law, Congress Proceedings, Vol. 2. Budapest: Wolters Kluwer, 399–420.
• Vlahek, A. and Podobnik, K. (2017). Slovenia. In: A. Piszcz (ed.), Implementation of the EU Damages Directive in Central and Eastern European Countries (263–298). Warsaw: University of Warsaw, Faculty of Management Press.

Identifiers

ISSN

1689-9024

DOI

10.7172/1689-9024.YARS.2017.10.15.6