Szkoda antymonopolowa. Zakres pojęciowy oraz przesłanki odpowiedzialności
Antitrust damages. The conceptual scope and preconditions of liability

Summary/Abstract: The purpose of this study is to attempt to reconstruct the concept of anti-trust damages, the origin of which should be sought in Directive 2014/104/EU of 26 November 2014 on certain provisions governing the pursuit of claims for damages for infringement of the competition law of the Member States and of the European Union and the implementing Act of 21 April 2017 on claims for damages caused by infringement of competition law. Due to the specificity of the subject matter of the Act, the study refers to EU and national jurisprudence, taking into account the achievements of doctrine in the field of substantive civil law. The paper attempts to evaluate the adopted regulations, in particular their effectiveness in improving the situation of victims of anticompetitive torts. The analysis is based on dogmatic, legal and, to a limited extent, comparative law methods. On the basis of the analyses conducted, it is concluded that the general structure of antimonopoly damages does not differ from that of civil damages. However, attention should be paid to the presumptions introduced in the pro-visions of the Act on Claims for Damages for Infringement of Competition Law, which were intended to make the private law mode of pursuing claims for damages for infringement of competition law more attractive, in particular, the presumption of antimonopoly damage as a result of an infringement of competition law and the presumption of overcharging.

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