Legal aspects of compensation for damages caused by abuse of a dominant position in the European Union

The article is dedicated to the study of the issue of compensation for damages caused by violations of competition law within the European Union. The author analyzes the main provisions of 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, as well as the case law of the Court of Justice of the European Union concerning compensation for damages caused by an undertaking in a dominant position. The article addresses problematic issues that were either not sufficiently covered or only fragmentarily outlined in the provisions of Directive 2014/104/EU, but which were clarified in the preliminary rulings of the Court of Justice of the European Union. The author pays particular attention to issues relatedtotheimplementationofDirective2014/104/ EU by the Member States of the European Union and evaluates the progress of its implementation. Additionally, based on the analysis of the case law of the Court of Justice of the European Union, the article reflects the key positions of the Court of Justice of the European Union regarding clauses on the choice of court/jurisdiction in the context of claims for damages caused by abuse of a dominant position. Specifically, the article highlights the approaches of the Court of Justice of the European Union concerning the determination of the place related to the occurrence of consequences of illegal behavior in the form of abuse of a dominant position. Furthermore, given that claims for damages caused, in particular, by the abuse of a dominant position can be filed both without a prior decision of the competition authority establishing a violation of competition law and after the adoption of the relevant decision by the competition authority, the author reveals problematic issues regarding the disclosure of evidence contained in the materials of the competition authority’s case and analyzes the main levels of protection of evidence contained in the materials of the competition authority’s case as reflected in Directive 2014/104/EU. The author finds that the provisions of directive in question are not aimed at resolving all issues that may arise in private enforcement, but considering the positions of the Court of Justice of the European Union during the reform of domestic competition law will allow for the full implementation of the provisions of the aforementioned directive.