Abstract
The article analyses the Act no. 262/2017 Coll. The aim of this article is to briefly outline the possibilities of economic analysis in determining damages in the field of competition.
The Act relates to two forms of the prohibed behaviour - the prohibed agreements between competitors (cartel) and any abuse of a dominant position. Fundamental problem is obtaining evidence and information to be able to submit civil action.
It is necessary to define the relevant market and the market power of the competitors. The type of harm for which the claimant seeks compensation determines which kind of economic variables (such as prices, sales volumes, profits, costs or market shares) need to be considered.
In a cartel leading to higher prices for customers of the cartelists, a non-infringement price will need to be estimated in order to establish a reference point for comparing it with the price actually paid by these customers. In case of an abuse of dominance leading to the market foreclosure of competitors, the profits lost by these competitors may be measured by comparing their actual turnover and profit margins with the turnover and profit margins they were likely to have generated without the infringement.