Protection against competition law violations: Opportunities for compensation for damages in the Eurasian Economic Union and the European Union

Abstract

The article analyzes current legal regulations in the Eurasian Economic Union (EAEU) and European Union (EU) governing protection against integrated entities’ violations of their respective competition laws. The issues of the policies implemented in this area in accordance with EAEU law, the correlation of national and supranational regulation and their application (including the principle of non bis in idem), and the delimitation of the competence of national and EAEU bodies in this area are clarified in light of the provisions of the Treaty on the Eurasian Economic Union (EEC) of May 29, 2014 and advisory opinions of the Court of the Eurasian Economic Union (of April 4, 2017; of December 17, 2018; of June 18, 2019). The absence of a legal ground for “private enforcement” of the EAEU competition laws, including its most important element — compensation for losses — is noted. In this regard, the authors analyze the experience of the European Union in this sphere, which is reflected in the Directive 2014/104/EU of the European Parliament and of the Council of November 26, 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. Its key provisions are considered in sufficient detail. Based on the results of the research undertaken, it is concluded that it is necessary to empower the Eurasian Economic Commission in the EAEU Treaty to calculate the damages caused by the infringements of the EAEU Treaty competition rules that have or may have a negative effect on competition in cross-border markets in the territories of two or more EAEU member states. In order to implement this, it is also proposed to vest the EEC with the competence to approve the procedure of recovery and methodology of calculating these damages. According to the authors, the development of such a procedure requires the study, inter alia, of the mentioned EU experience.