Ekonomski gubitci kao šteta u hrvatskom odštetnom pravu nakon prenošenja Direktive 2014/104/EU

Directive 2014/104/EU, which shouldfacilitate the exercise of the right tocompensation for damage caused by an infringement of competition law, hasenteredinto force at the end of 2014. In this paper author draws attention to someissuesof liability for damages recognized as disputable during the process of itsadoption,but failed to regulate by European legislator. In more detail is analysed thenotionof damage, for which Directive endeavour to ensure effective exercise the righttoclaim full compensation in the national courts of the EU Member States. Due tothenature of acts, which represent the infringements of competition law(anti-competitiveagreements and abuse of dominance); application of adopted rules seems to beverycomplicated in practice. Particularly complex issues are passing-on defence,theindirect purchasers’ right to claim, the recognition of the impact ofprotective prices(“umbrella effects”) and quantifi cation of damage. The paper presents theprovisionsof draft bill by which Directive should be transposed in Croatian legislation,relatedto the discussed issues.