The Competition Council (the CC) has prepared methodological material for the calculation of losses and recovery of losses for violation of competition law according to the Cabinet of Ministers Order No. 49 “On the Action Plan for Improving the Public Procurement System”. The purpose of the methodological material is to facilitate claims for damages by public authorities and their companies in cases of infringements of competition law.
The Court of Justice of the European Union has repeatedly ruled that victims' claims for damages positively affect and promote compliance with competition law. Consequently, damages actions are one of the tools to promote compliance with competition law in general and increase fair competition between market participants and increase consumer welfare. Nevertheless, claims for damages from victims of competition law infringements are most often not followed up.
There are two sections in the methodological material - loss recovery and loss calculation. The purpose of the section on damages recovery is to help develop a general understanding of the content of the rules governing damages actions for breach of competition law and their interaction. In turn, the purpose of the loss calculation section is to outline the nature of the most frequently considered loss calculation methods in practice and to summarize the resources in which more detailed information can be obtained. The loss calculation section is designed to obtain information and a general understanding of loss calculation methods.
The CC reminds that the methodological material does not provide an official explanation of legal norms or the mentioned methods. Furthermore, the CC does not provide consultations on bringing or adjudicating civil actions in damages cases for violation of competition law. If the victim of the competition law infringement needs qualified assistance in the case of specific claims, he or she should be sought from a legal aid provider with competence in recovery cases.