ECONOMIC LOSSES AS DAMAGE IN CROATIAN TORT LAW AFTER IMPLEMENTATION OF DIRECTIVE 2014/104/ EU

Abstract

Directive 2014/104/EU, which should facilitate the exercise of the right to
compensation for damage caused by an infringement of competition law, has entered
into force at the end of 2014. In this paper author draws attention to some issues
of liability for damages recognized as disputable during the process of its adoption,
but failed to regulate by European legislator. In more detail is analysed the notion
of damage, for which Directive endeavour to ensure effective exercise the right to
claim full compensation in the national courts of the EU Member States. Due to the
nature of acts, which represent the infringements of competition law (anti-competitive
agreements and abuse of dominance); application of adopted rules seems to be very
complicated in practice. Particularly complex issues are passing-on defence, the
indirect purchasers’ right to claim, the recognition of the impact of protective prices
(“umbrella effects”) and quantifi cation of damage. The paper presents the provisions
of draft bill by which Directive should be transposed in Croatian legislation, related
to the discussed issues.