PRIVATAUS ASMENS TEISĖ Į ŽALOS, ATSIRADUSIOS DĖL PIKTNAUDŽIAVIMO DOMINUOJANČIA PADĖTIMI IR KARTELINIŲ SUSITARIMŲ, ATLYGINIMĄ SKIRTINGOSE VALSTYBĖSE

Abstract

In the article the implementation of private individual’s right to recover damages caused by abuse of dominance and cartels in different countries is analyzed. Through the application of historical and comparative analysis methods the author seeks to identify the key factors that stipulate effective implementation of the victims right to recover damages and stimulate claims for such damages. Based on the analysis done a presumption is made that only the particular legal norms or acts are not sufficient for the effective private competition law enforcement (actions for damages) the case law that is favorable to the plaintiff. Rules crated by the courts that reduce the burden of proof for the plaintiff such as “traditional rule” excusing antitrust plaintiffs from an unduly rigorous standard of proving antitrust injury or even guidelines created by the courts that transfer the burden of proof to the defendant to establish that the infringement of competition laws did not happen are particularly important for the effective implementation of the victims right to recover damages. Namely the case law and the aspiration to ensure that even in cases where the precise calculation of the damage suffered due to the infringement of competition law is very difficult or impossible the victim of such damage is always compensated may encourage the victims to actively protect their violated rights and deter potential market competition violators.