Abstract
The article analyses the new act no. 262/2017 Coll. The Act implements 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 implementation period was on 26th December 2016.
The Act is adopted of 1st September 2017. The Directive 2014/104/EU and the Act relates only to two forms of the prohibited behaviour: the prohibited agreements between competitors (cartel) and any abuse of a dominant position.
There is the implementation of the principle of full compensation. For that purpose, the law introduces specific procedural and substantive rules such as the procedure for disclosure of evidence, the transfer of the burden of proof of non-harm to competitors restrictive of competition in the case of cartels (where the harm caused by the cartel is based on a rebuttable presumption) and the rules for the limitation period or the consequences of the transfer of the price increase to the consumer.