Will Bus Operators Beat a Path to Damages Claims in Competition Enforcement? The Experience From the Czech Republic

Abstract

We may currently be witnessing a slow but significant shift in the enforcement of competition rules. With the latest legal developments in the Czech Republic, in addition to public enforcement led by the competition authorities the ability of parties to seek recovery of damages arising from the infringement of competition rules before the civil courts has become progressively more imminent and realistic. The change is driven by modification of the legal framework as well as by progressive changes in jurisprudence, and the Czech courts’ willingness to hear damages claims appears promising for future success in private enforcement cases. The number of claims for damages in the civil courts in the Czech Republic by private entities that have suffered harm from the infringement of competition law is not significant.1 Surprisingly, almost none of the claims has arisen from a cartel agreement but has been based on abuse of dominance rules and often combined with other legal grounds, such as unfair competition under civil rules. The claimants have mostly been unsuccessful and the claims withdrawn or settled between the parties; exceptionally, however, they have been recognised in part.2