The Scope of the Implementation of the Damages Directive in CEE States

Abstract

The Damages Directive has a rather limited scope, focusing only on damages claims stemming from anticompetitive agreements or abuse of adominant position, provided such conduct was able to affect trade between EU Member States. However, Member States are not limited by this scope and so they may decide, when implementing the Directive, to enhance not only claims for damages, but the overall private enforcement of competition law. In this article, we shall explore the scope of the implementing legislation of selected Central and Eastern European Countries, namely in Bulgaria, Croatia, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia and Slovenia.

Keywords

• competition law
• damages directive
• private antitrust enforcement
• undertaking