Keywords
private enforcement of competition law, antitrust damage claims, quantification of harm, passing-on of overcharges, burden of proof, binding decision, final decision of a competition authority
Abstract
Despite the fact that the right to full compensation of harm caused by the breach of Articles 101 and 102 TFEU was confirmed in European Union jurisprudence many years ago, and that actions for damages for competition law infringements were admissible in Poland also before the transposition of Directive 2014/104/EU (hereinafter, the Damages Directive), the number of reported court cases regarding private enforcement of competition law is very low. The commented judgment of the Court of Appeals in Cracow (Sąd Apelacyjny w Krakowie) of 10 January 2014 is one of the very few judgments of Polish courts regarding actions for damages for an infringement of competition law.
Recommended Citation
Knapp, M., & Korycińska-Rządca, P. (2017). Proving the Grounds for Compensation – Reflections on Private Enforcement in the Polish Cement Cartel Case. Case Comment to the Judgment of the Court of Appeals in Cracow of 10 January 2014 (Ref. No I ACa 1322/13). Yearbook of Antitrust and Regulatory Studies, 10(15), 251-268. https://doi.org/10.7172/1689-9024.YARS.2017.10.15.12
First Page
251
Last Page
268
Page Count
17
DOI
10.7172/1689-9024.YARS.2017.10.15.12
Publisher
University of Warsaw
Publication Date
2017-06-30
