| Abstract [eng] |
This master thesis analyses the private enforcement of competition law in private international law. It should be noted that competition law can be implemented under two methods: (a) public enforcement (regulatory norms that preserves the proper competition policy); (b) private enforcement (by allowing to seek redress for those who are victims of acts of anti-competitive or restrictive practices). As the international economy develops, with the increasing competitiveness of its entities, there is an expanding need to address the issue of applicable law. However, if such a dispute arises in two EU countries, then the applicable law and procedural redress transactions are governed by the Rome II Regulation and Directive of antitrust damages actions (since 2017). Furthermore, this directive harmonizes the regulation in the EU member states' domestic legal systems. Moreover, at EU level, the enforcement of private competition law is being resolved. Nevertheless, practically this institute is not applicable. The key to this problem is the lack of successful precedents. However, given the fact that UK declared to be leaving EU, this may affect not only the domestic law of UK, but additionally the application of the above-mentioned EU legislation. Although the effects of Brexit are not yet foreseen, predictions can already be made now. It goes without saying that the EU has commercial ties not only with the Member States but also with the third countries. Thus, in cases of vulnerability, such as the markets of Japan and the EU Member States, the issue of applicable law arises. Notwithstanding, the EU has concluded international agreements with the third countries and these agreements are considered to have an impact on public but not private competition law. Hence, the paper scrutinizes conceivable rules under the private international law. |
