Damages Directive Transposed

On 30 June 2017 the Croatian Parliament has unanimously adopted the Act on Damages Proceedings for Infringements of Competition Law.

By adopting this act Croatia has fulfilled the obligation to transpose the Directive 2014/104/EU of the European Parliament and of the Council of 26 November 2014 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. The act has not yet been published in the official gazette of the Republic of Croatia and hence has not yet entered into force. 

The aim of the directive is to harmonise national legislation of Member states in a manner which strengthens tools for private enforcement of competition rules. Some of the main changes introduced by the directive include easier access to evidence for the parties, a final infringement decision of a national competition authority will constitute full proof before civil courts in the same Member State that the infringement occurred. Final infringement decisions from other Member States shell constitute at least prima facie evidence of the infringement. The Directive establishes a rebuttable presumption that cartels cause harm. Participants of the infringement are liable to the victims jointly and severally.