The Czech Republic must implement Directive 2014/104/EU from November 26, 2014, concerning “actions for damages under national law for infringements of the competition law provisions.” The Czech Parliament is currently deliberating a proposed statute addressing compensation for anticompetitive conduct.
The proposed legislation establishes that “damage is presumed where economic competition has been restricted by a cartel,” shifting the burden to defendants to demonstrate the absence of harm in compensation claims stemming from competitive restrictions.
Additionally, the statute permits courts to mandate document disclosure before litigation commences. When a party demonstrates credibility regarding their compensation claim, “the court will, at the request of a party proving the credibility of her right to compensation, order certain persons to disclose documents requested by the injured party.”