Soukromoprávní vymáhání škody způsobené protisoutěžním jednáním – určení výše škody a role soft law?

Abstract

Probably the most contemporaneously discussed topic regarding area of competition law within the EU is the interaction between public and private enforcement of competition. Despite the fact that there is general agreement that it is necessary to support and promote private enforcement of competition law the reality is that successfully claim damages caused by competition law infringement is extremely difficult. Fundamental problem for potential damage claimants is foremost obtaining evidence and information to be able to submit civil action, especially those based on which they would be able to calculate damages. Moreover even with such evidence it is extremely difficult to calculate exact amount of damages due to the character of damages caused by anticompetitive behaviour.