Private Enforcement of Competition Law in Slovenia: A New Field to Be Developed by Slovenian Courts Cover Image

Private Enforcement of Competition Law in Slovenia: A New Field to Be Developed by Slovenian Courts
Private Enforcement of Competition Law in Slovenia: A New Field to Be Developed by Slovenian Courts

Author(s): Maja Brkan, Tanja Bratina
Subject(s): Business Economy / Management, Commercial Law
Published by: Wydawnictwo Naukowe Wydziału Zarządzania Uniwersytetu Warszawskiego
Keywords: antitrust damage; collective redress; evidence; nullity; private enforcement of competition law; public enforcement of competition law;Slovenia;

Summary/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.

  • Issue Year: 6/2013
  • Issue No: 8
  • Page Range: 75-106
  • Page Count: 32
  • Language: English