Competition - Private enforcement of competition rules
On 2 September 2004, the Directorate General for Competition of the European Commission published a study on the conditions for claims for damages in case of infringement of EC competition rules.
The study is available on the Commission web site at: http://europa.eu.int/comm/competition/antitrust/others/private_enforcement/index_en.html
This study covered all 25 EU Member States and was coordinated by Ashursts in cooperation with other law firms. The national report on the Slovak Republic was prepared by Čechová Rakovský.
The Commission is dissatisfied with the current situation in the EU, comparing it with the situation in the U.S. where 90% of all enforcement is private enforcement, with the other 10% carried out by public authorities. Private actions can be an effective tool in competition policy. Not only would anticompetitive behaviour be brought to an end, but consumers or affected competitors would also be directly compensated for losses they suffered as a result of infringement of competition rules.
The European Commission is, therefore, looking at ways to encourage private parties to seek compensation for harm caused to them by anticompetitive behaviour and see enhancement of private actions as key to further practices such as price-fixing cartels or abuses of dominant position.
The main purpose of the study is, therefore, to analyse the situation in each of the 25 Member States of the European Union, make a comparative legal and economic analysis and suggest the ways through which private enforcement actions in the European Union should develop in the future.
The Commission is expected to publish a green paper in 2005, possibly leading to legislation on the issue.
Other articles
Helena Navrátilová on Three Decades of the Advent Concerts of Good Will
KŠB partner Helena Navrátilová was recently interviewed on S dobrou vůlí, the podcast of the Committee of Good Will – Olga Havel Foundation. Speaking with editor Veronika Širc, Helena talked about the origins and history of the Advent Concerts of Good Will, which KŠB has been organizing for over thirty years.
KŠB advises LIPOELASTIC founders on the sale of LIPOELASTIC Group
KŠB, in collaboration with investment advisers from the Roklen Group, advised LIPOELASTIC Group founders Alena and Tomáš Hradil on their exit from the group, which they had built up over almost twenty-five years.
Chemistry Brings People Together: KŠB at the 2026 Evening of Czech Chemistry
Czech chemistry and the chemical industry are built on innovation, responsibility and the people who drive the field forward. On Thursday, 22 October 2026, leading figures from the field and industry representatives came together at the Grand Hotel International Prague for the Czech Chemical Industry Association’s annual Evening of Czech Chemistry.
