In the past years, the EU competition law enforcement has been subject to major reforms in order to increase the deterrent effect of EU competition rules. These reforms reinforced the participation of private actors in the enforcement of EU competition law, by way of strengthening private enforcement and introducing leniency programmes on the national level.
The Court of Justice of the European Union has established that any citizen or business has a right to full compensation for the harm caused to them by an infringement of the EU competition rules. The right to compensation is an EU right, but its exercise is governed by national rules. These often make it costly and difficult to bring antitrust damages actions.
That is why in 2013 the European Commission proposed a Directive 2014/104/EU on Antitrust Damages Actions to remove the main obstacles to effective compensation, and to guarantee minimum protection for citizens and businesses, everywhere in the EU. Member States needed to implement it in their legal systems by 27 December 2016. To date, most of the CEE countries, including the Czech Republic, Hungary, Poland, Romania and Slovakia have successfully implemented the Directive.
PETERKA & PARTNERS actively monitors these developments in the CEE region and welcomes the opportunity to advise clients and bring competition claims before the national courts.