Challenges regarding recovery of damages for antitrust infringements

Abstract

The article examines the challenges in implementing civil law mechanisms for recovering damages caused by antitrust infringements in Russia. Despite constitutional guarantees of competition protection and ongoing legislative and enforcement efforts to develop this institution, its practical effectiveness remains critically low. Through an analysis of statistical data (2015—2024) and expert opinions, the author identifies key factors hindering private antitrust enforcement, including significant economic asymmetry between disputing parties and procedural difficulties in proving the amount of damages and low confidence among affected parties in judicial protection mechanisms. The study provides a comprehensive analysis of existing measures to improve antitrust damages recovery and proposes an integrated model in which the antitrust authority pre-calculates key parameters for damage recovery, followed by judicial enforcement by the injured party.