Original scientific paper
https://doi.org/10.30925/zpfsr.39.1.6
LAW APPLICABLE TO THE BREACH OF COMPETITION LAW
Ivana Kunda
; Pravni fakultet Sveučilišta u Rijeci, Rijeka, Hrvatska
Abstract
Issues arising in the context of determining the law governing competition law breaches are numerous and complex. The situation is no different following the harmonisation of the national rules as a result of the recently adopted Directive on damages for infringements of the competition law provisions. This paper is aimed at scrutinising various such issues, in particular it deals with interpretation of the concepts found in Article 6(3) of the Rome II Regulation on the law applicable to noncontractual obligations and the related aspects of interaction between EU and national competition laws. From the scope of application ratione materiae of the mentioned conflict-of-law provision and defining the “market” as an essential component of the connecting factor lex mercati, to the functioning of the general provisions aimed at
protecting public interests, the author presents the opposing views expressed in legal theory and points out the principles which should be taken into account in the course of the analysis. Additional emphasis is put on the thorny questions which originate from erroneous translation of the EU legislation into the Croatian language.
Keywords
EU law; private international law; competition law; effect doctrine; damage compensation; private enforcement
Hrčak ID:
199433
URI
Publication date:
9.4.2018.
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