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KALESNÁ, K.: Will private enforcement
of competition rules work in practice?
Právny obzor, 101, 2018, č. 1,
s. 54 - 61.
Abstract. The Slovak
Republic has fiillfiled its obligation to transpose the EU Directive on private
enforcement of competition law (2014/104/EU) approving the Act No 350/2016 Coll.
on certain rules regulating actions on recovery of damage caused by competition
rules vioIation.AIthough the act is in force for a couple of months by now there
is a serious doubt concerning working of this legal regulation in practice.
Based on the US successful experience with the private enforcement of
competition law the article informs about the legal regulation of the so called
horizontal framework of collective redress in the EU and afterwards axplores the
ambitions of the Slovak legislator in this field. It draws attention to the main
difference resulting from the comparison of the respective EU recommendation and
the reality in the Slovak republic. Whereas in EU recommendation is the general
regulation of collective redress covering more specific branches of law foreseen
(e. g. consumer protection, environmental law, competition law), in the Slovak
republic the ambition of the class actions regulation is by now restricted by
the framework af consumer protection regulation (Consumer Code comprising also
class actions is being prepared). The article offers also other alternatives to
this legislative solution that perhaps correspond better to the presented EU
approach.
Key words: competition
law, competition rules, public enforcement, private enforcement collective
redress, class actions, follow-on actions, stand- alone actions
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ISSN 2729-9228
(online)
ISSN 0032-6984
(print)
THEORETICAL REVIEW FOR ISSUES OF STATE AND LAW.
Právny obzor is peer-reviewed journal and is indexed in SCOPUS and HeinOnline database (INDEX TO FOREIGN LEGAL PERIODICALS).
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