Exemptions and legal protection of injured parties concerning cartel agreements of insurance in the European Union


In this paper the author analyzes the general principles and some specific rules of competition law, controls and punishes violations of fair competition by the cartel involved into in the insurance business. The anti cartel norms that are applicable to all branches of the economy, and therefore to the insurance business, are considered, but also the legal sources applied to insurance only. European lawmakers have had, over time, more restrictive attitude to the interpretation of the insurance business compared to other industries. Therefore, special attention is paid to the exemptions, which are provided as an option in the business of insurance companies. A public-legal protection from the negative effects of the cartel in insurance is also pointed out, as well as the all important rights to obtain compensation for damages in proceedings in the civil courts of the Member States of the European Union. As a separate issue, the difficulties in detecting relevant evidence necessary for the successful implementation of damage claims from affected parties are discussed.
The analytical and comparative legal method are used in this study, since it presents the material and procedural legal norms contained in regulations, directives and other sources of EU law.

Ilkić Zoran