Harmonizacja przesłanek i zakresów odpowiedzialności w europejskim systemie ochrony konkurencji
Place of Claims for Damages in the European System of the Protection of Competition

Summary/Abstract: The civil way of claiming the compensation for damage resulting from the breach of competition, which is known from the American system of competition protection, is very slowly and laboriously getting into the EU legal system. However, it still remains secondary to the protection of the public interest. EU authorities have gradually introduced the rules of seek compensation in a civil way first, by determining the overall assumptions of the system in the White and Green Papers and then interpreting, among others, the general principles of European law in the judgments of the European Court of Justice. The Directive of the Parliament and of the Council (EU) 2014/104 / EU provides basic rules allowing for the harmonization of the conditions and responsibilities - by defining such terms as the damage and its amount, the injured party, the burden of proof and determining the rules of collecting evidence of a breach of competition, the amount of damages, the infringers as well as the way of disclosing these data. Especially the rules concerning the disclosure of evidence and the access to files are the evidence that the protection of public interest still takes precedence over the protectionof the private claims.

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