Soukromoprávní vymáhání škody způsobené kartely v Evropské unii: rámec pro rozhodování podniků

This thesis explores how companies in the European Union can approach the process of seeking compensation after being harmed by a cartel, by choosing between different private enforcement routes. Its main goal is to develop a structured decision-making framework that helps companies assess and select between individual and collective forms of private enforcement, together with the specific mechanisms through which these may be pursued. The thesis combines a conceptual analysis of the legal and practical functioning of these mechanisms with a qualitative component based on semi-structured interviews with practitioners from the field of competition enforcement, including mainly lawyers, economists, and litigation funders. The research identifies the main considerations influencing companies’ decisions, including claim value, available resources, control and risk preferences, capital strategy, jurisdiction, and business-related concerns. The findings show that the suitability of different enforcement routes depends on how these factors interact, with the size of the claim and the size of the company playing an important role in determining the range of realistically available options. Smaller companies with lower-value claims generally favour collective and risk-transfer mechanisms, while larger companies with substantial claims typically have access to a broader range of viable enforcement options and greater flexibility in balancing control, risk, and potential recovery. Building on these insights, the thesis constructs a framework that organises the main decision points and illustrates how different factors interact in practice. The framework is then applied to the Trucks cartel through three hypothetical company profiles. The thesis concludes that private enforcement decisions are mostly shaped by competing strategic and financial considerations, and that a structured framework can improve clarity and support more informed decision-making.