The following Competition guidance note Produced in partnership with Suzanne Rab provides comprehensive and up to date legal information covering:
ARCHIVED–this archived practice note provides information on the EU Damages Directive and reflects the position at the date the Damages Directive entered into force (27 December 2014). It is not maintained.
After almost a decade of debate, the European Parliament and the Council of Ministers approved a new EU Directive on private damages for infringements of competition law (the Directive). The Directive was formally passed on 26 November 2014, following sign-off by the Parliament and Council, and was published in the Official Journal on 5 December 2014—it entered into force on 27 December 2014 and Member States have two years from that date to implement its provisions into national law.
The Directive states that it is designed to ensure that 'anyone who has suffered harm caused by an infringement of competition law… can effectively exercise the right to claim full compensation'. The broad aim of the Directive is to address the impediments to the effective enforcement of competition law in the majority of Member States and to establish minimum standards and approaches in the procedural rules.
The Directive contains a number of measures which will be attractive to claimants including a presumption that a cartel causes harm, standard disclosure rules across the Member States, confirmation that indirect purchasers may bring claims against cartelists and recognition that co-cartelists (with the exception of
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