The Influence of CJEU Case Law on Development of Private Enforcement Doctrine in the Area of Polish and European Competition Law

The private enforcement doctrine was in the center of European debate on application of competition law in the course of last decade. Since the Courage judgment, the Court of Justice of the European Union (“CJEU”; “Court”) was trying to strengthen the individuals’ protection against anticompetitive behaviors and increase their access to justice. By granting a right to compensation to the victims of antitrust law infringements, the Court has undertaken attempt to modernize the national systems of competition law enforcement. In doing so, the CJEU argued in favor of development of mechanisms intended to give individuals real and effective instruments in the fight for their rights. And while such approach has led to the gradual reform of national solutions in the area of antitrust, the question is: “did it allow to create effective system of competition law enforcement within the EU”? Taking the aforementioned into consideration, the following article will try to determine the role of the Court’s case law in development of private enforcement doctrine in Europe. Moreover, by the analysis of recent changes introduced within the area of completion law enforcement, the article will aim to establish how the interpretation of the European law by the Court may lead to increase in the protection of individuals against anticompetitive behaviors, and affect the national practice of antitrust law enforcement. Finally, the article will try to answer if the CJEU still has a role to play in the European debate on private enforcement, and what may be its influence on further development of private enforcement doctrine in Europe