Motivation of injured parties to assert claims for damages arising from anti-competitive conduct in the form of cartel agreements

Motivation of injured parties to exercise the right to damages resulting from anti-competitive conduct in the form of cartel agreements Abstract The thesis examined which legal institutes and modalities of their regulation would, with a high degree of certainty, increase the incentives of injured parties to bring an action for damages caused by cartel agreements before Czech courts. Despite the significant benefits of an effective framework for private enforcement of competition law, well established in the United States and to varying degrees across most EU Member States, no action for damages arising from cartel conduct has yet been brought before Czech courts. The author employed a deductive-analytical method and conducted a law-and-economics analysis of selected legal institutes of private enforcement in relation to the variables of the inequation representing economically rational decision-making by injured parties. This was followed by a comparative analysis examining the regulation of a narrowed set of legal institutes across EU Member States, selected on the basis of a synthetic index integrating a demographic claim-frequency index, an economic claim-frequency index, and an index measuring the conversion of public enforcement decisions into private damages claims. This approach enabled the...