Private enforcement of competition law is a complementary tool to public enforcement. Through it, claimants (including customers, suppliers, or competitors of the infringers) seek either the cessation of the harmful conduct or compensation from the infringers for damages suffered as a result of the infringement of competition law rules. The present master's thesis deals with a specific part of damages actions in this area, first presenting the basics of private law competition protection and its development in the Republic of Slovenia and the European Union. This is followed by an analysis of the legislative regime for active legitimation and an overview of hypothetical injured parties who are harmed by particular restrictive practices. The overview of injured parties concludes with a description of the groups of victims that may be formed in the event of collective actions. This is followed by an overview of the determination of the extent of the harm caused by the various infringements of competition law, focusing on harm caused by price increases and harm caused by the exclusion of competitors. The damage review concludes with an overview of the damage resulting from competition law infringements in new economy markets, which, by their very nature, require separate treatment. The Master's thesis then provides an overview of the methods and techniques for the determination of damages as developed in legal and economic theory and practice, with an emphasis on comparative methods, financial analysis methods and market structure analysis methods. The Master's thesis concludes with a review of the (admittedly limited) case law of Slovenian courts in cases where the courts of second and third instance have decided on the amount of damages. The review critically analyses the decisions of the Slovenian courts and highlights logical inconsistencies in the relevant judgments and decisions.
|
