Private Enforcement Comparison in Selected EU Member States Cover Image

Private Enforcement Comparison in Selected EU Member States
Private Enforcement Comparison in Selected EU Member States

Author(s): Eva Zorková
Subject(s): Law, Constitution, Jurisprudence, Law on Economics, EU-Accession / EU-DEvelopment, EU-Legislation
Published by: Univerzita Palackého v Olomouci
Keywords: private enforcement; competition law; Damage Directive 2014/104/EU; comparison of EU Member States; the Czech Republic; Hungary; France;

Summary/Abstract: Until the end of December 2016, the Damage Directive 2014/104/EU shall be implemented into Czech law, as well as into national laws of all EU Member States. The new Directive should facilitate private claims based on infringement of competition law, known as “private enforcement". Although private enforcement is already available in all Member States, its implementation in practice is limited and uneven, due to numerous factual as well as legal barriers for potential claimants. The principle aim of this article is to evaluate the actual experience with private enforcement in selected EU Member States, namely in the Czech Republic, France and Hungary, on the basis of a thorough comparative analysis of several issues known to cause problems for private enforcment in practice.

  • Issue Year: 3/2016
  • Issue No: 1
  • Page Range: 184-199
  • Page Count: 16
  • Language: English