Keywords
antitrust damage, collective redress, evidence, nullity, private enforcement of competition law, public enforcement of competition law, Slovenia
Abstract
This contribution aims to demonstrate the legal framework that can shape and influence private enforcement in Slovenia. This includes, in particular, conditions for damage claims, collective redress mechanisms, legal costs and fees as well as discovery and burden of proof. It is shown which legislative changes may be needed in order to improve the effectiveness of private enforcement and the practical obstacles that will have to be overcome in the future. Furthermore, the article analyses the jurisprudence of Slovenian courts concerning private enforcement. Although there was practically no jurisprudence in this area only a few years ago, Slovenian courts have now ruled on a few such cases already. The number of private enforcement proceedings will most likely increase in the future. Therefore, it can be stated that private enforcement of competition law is an area that is slowly, but steadily, gaining importance in the Slovenian legal system.
Recommended Citation
Brkan, M., & Bratina, T. (2013). Private Enforcement of Competition Law in Slovenia: A New Field to Be Developed by Slovenian Courts. Yearbook of Antitrust and Regulatory Studies, 6(8), 75-106. Retrieved from https://press.wz.uw.edu.pl/yars/vol6/iss8/4
First Page
75
Last Page
106
Page Count
31
Publisher
University of Warsaw
Publication Date
2013-12-01