Building Private Enforcement from Scratch – The Serbian Example

Abstract:     

The theme of this paper is the analysis of the current situation regarding private enforcement of competition law in Serbia, with special emphasis on obstacles that should be overcome if it is to actually become noticeable in practice. The current legal framework in Serbia is not specially geared to promote private enforcement, and some improvements in this regard happened only recently with the inclusion of the provisions regarding follow-on actions in the newest competition law statute. Generally speaking, however, there are currently no provisions, either in statutes or other instruments, which would specifically deal with various aspects of private enforcement, such as the role of consumer associations or damage quantification. The lack of doctrinal works is not helpful in this regard either. This paper thus attempts to sketch the contours of the system for damages actions, including stand-alone actions, within the current rules of competition law, the law of civil procedure, and the general law of obligations. It also offers recommendations for reform and improvement.

Number of Pages in PDF File: 22

Keywords: competition law, private enforcement, Serbian law