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Estonia · Law · SE

386

The Act on Amendments to the Competition Act and Amendments to Other Acts Related to It

avaldatud riigiteatajasEstonia· Riigikogu· ET

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6 February 2017

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AVALDATUD_RIIGITEATAJAS

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10 May 2017

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Summary

With the bill, the directive on the private implementation of competition law will be adopted into Estonian law. The provisions regulate, among other things, claims that arise from an agreement that harms competition, a decision by an association of entrepreneurs or abuse of a dominant market position. In particular, it concerns cartel agreements and abuses of monopoly status. The deadline for transposing the directive was December 27, 2016. According to the bill, everyone has a corresponding loss the victim has the opportunity to receive full compensation for the damage, which means compensation for direct property damage, lost income and delays. According to current law, the injured party can only be determined by interpretation, and lost income cannot generally be claimed. The bill changes the beginning of the calculation of the delay for the corresponding claims, according to which the delay must be paid from the occurrence of the loss until the loss is compensated. According to the applicable law from the time when the creditor notified the debtor of his claim or filed a claim as a claim or payment order as an urgent procedure application. The draft stipulates 5 years as the limitation period for a claim arising from the commission of a prohibited act. According to the current law, the limitation period for the claim is 3 years. In addition to the transposition of the directive, the draft again gives the Competition Authority the right to exercise administrative supervision, which means issuing orders to a local government unit, state institution or to another person performing administrative tasks.

Machine translation from Estonian. The official text remains authoritative.

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