Māra Stabulniece on changes in indemnification of violations of the competition law at the national and European level

Māra Stabulniece on changes in indemnification of violations of the competition law at the national and European level

On March 20, 2015, Māra Stabulniece, associate at the Riga office, gave her opinion on the novelties in indemnification of violations of the competition law to the Latvian business portal www.db.lv.

Māra Stabulniece provided an insight into practical difficulties encountered by the potential damage claimants’ in Latvia and the upcoming amendments to Article 21 of the Latvian Competition Law, which would significantly ease the claimants’ chances to prove the existence of an infringement of competition law and the specific amount of damages incurred. However, if compared to EU Directive 2014/104/ES on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union, which entered into force on November 26, 2014 and which Member States have to implement by 27 December 2016 at the latest – she points out that it may be expected that national legal acts will be considerably reviewed in order to implement the Directive by 27 December 2016.

The Directive deals with such key-issues as: Who may bring an antitrust claim against whom? How to make the collection of evidence easier? Can a court order the disclosure of evidence? Can the plaintiff use the decision of a competition authority to prove a violation of competition rules by the defendant? When must one submit the claim?

Accordingly, and in the context of the forthcoming legal developments in all EU Member States, the market players should start preparing for a potential flux of antitrust damage claims and take appropriate action in order to avoid or mitigate the risks; or the other way around – take advantage of the new rules.

For the full article in Latvian please click here.