Private Enforcement of EU Competition Law
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Private Enforcement of EU Competition Law

The Impact of the Damages Directive

Edited by Pier L. Parcu, Giorgio Monti and Marco Botta

During the past decade, private enforcement of competition law has slowly taken off in Europe. However, major differences still exist among Member States. By harmonizing a number of procedural rules, the Damages Directive aimed to establish a level playing field among EU Member States. This timely book represents the first assessment of the implementation of the Damages Directive. Offering a comparative perspective, key chapters provide an up-to-date account of the emerging trends in private enforcement of competition law in Europe.
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Chapter 9: The implementation of the Damages Directive in the Czech Republic, Hungary, Poland and Slovakia: an overview of practical issues and challenges

Anna Renata Pisarkiewicz

Abstract

The chapter analyses the impact of the Damage Directive in Central and Eastern European countries (CEECs). In particular, Poland, the Czech Republic, Slovakia and Hungary are analysed as case studies through a comparative perspective. In these countries, competition law damages claims are governed by general principles of civil liability, since no specific regulations governing competition damage claims have been put in place. The chapter examines whether the implementation of the Damages Directive is likely to boost private enforcement of antitrust claims in these countries in spite of the potential obstacles, such as high evidentiary threshold, the length of court proceedings, and the lack of specialised competition courts in the Czech Republic and Slovakia.

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