Publié en ligne: 19 avr. 2023
Pages: 390 - 401
DOI: https://doi.org/10.2478/eustu-2022-0062
Mots clés
competition law, damages, class action, collective action, representative action, court, European Commission, cartel, private enforcement, abuse of dominant position, Directive on representative actions for the protection of the collective interests of consumers, Commission’s Recommendation on common principles for collective redress mechanisms, Directive on actions for damages for infringements of the competition law, opt-in, opt-out
© 2020 Ondřej Dostal, published by Sciendo
This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.
This article deals with the legal instrument of collective actions for competition law infringements. The text touches upon the pros but also cons of this concept interpreted usually as the boost needed for private enforcement of competition law, yet bringing also risks of selective protection of competition and even bullying competitors. The article provides illustration of the struggle between the effort to make collective actions and thus the private enforcement of competition law in general more attractive in the light of the blooming U.S. model and the concurrent legislators´ will to refrain from the most negative features of the model mentioned. An insight into the hitherto soft and hard law initiatives in the area of collective actions in the EU and the Czech Republic and their interplay with competition law is offered.