In June, the EC published a draft proposal intended to both increase private antitrust enforcement, esp. damages actions, as well as improve conformity in national courts. As our guest editor Andreas Reindl—who has organized a sterling group of contributors—says in his introduction, “When the Commission drafts legislation in a controversial area with no prior history […]

The European Commission’s Package on Private Enforcement in Competition Cases: Introduction to a CPI Antitrust Chronicle

Andreas Reindl, Aug 12, 2013 Finally—it has arrived. After roughly a decade of intense and sometimes contentious policy debate, reflection, studies, and consultations on private actions for damages in competition matters, just before the summer break the Commission published a package of measures that is designed to facilitate and, to some extent, harmonize private enforcement […]

Two Concerns Regarding the European Draft Directive On Antitrust Damage Actions

Jeroen Kortmann, Rein Wesseling, Aug 12, 2013 On June 11, 2013, the European Commission published its proposal for a directive on antitrust damage actions in the European Union (the “Draft Directive”). The Draft Directive contains far-reaching proposals to facilitate antitrust damage actions in the EU Member States. Perhaps unsurprisingly, the initial reactions by the Member States […]

The Proposal for a Directive on Antitrust Damages Actions: The European Commission Sets the Stage for Private Enforcement in the European Union

Daniele Calisti, Luke Haasbeek, Aug 12, 2013 On June 11, 2013, the Commission adopted a proposal for a Directive on Antitrust Damages Actions, as well as a Commission Communication and a Practical Guide on the quantification of antitrust harm. The private enforcement of EU competition law has its roots in 1974, when the ECJ held that the prohibitions […]

Disclosure of Leniency Documents in the United Kingdom: Is the Draft Directive Creating Barriers?

Sebastian Peyer, Aug 12, 2013 The European Commission has recently proposed a Directive on rules governing actions for damages for the infringement of competition law (“draft Directive”). The proposal seeks to regulate-“optimise” in the language of the Commission-the interaction of public and private enforcement in the European Union. At the same time, the proposals seek to […]

The Damages Lie in the Details: Why the Proposed Directive Fails in Harmonizing Incentives to Sue Across the European Union

Hans Friederiszick, Aug 12, 2013 One of the two main objectives of the proposed EU Directive (“EU Directive”) is to ensure effective compensation of victims of infringements of EU competition rules. Effective compensation throughout Europe has two components: first, an average level of compensation in the European Union that matches the average amount of damages (“Effectiveness […]

The Binding Nature of NCA Decisions in Antitrust Follow-on Litigation: Is EU Antitrust Calling For Affirmative Action?

Stefano Grassani, Aug 12, 2013 The European Commission believes that-given the procedural asymmetries between plaintiffs and defendants-public enforcement of antitrust law by national competition authorities may have a significant impact on the actual possibility of claimants to successfully bring forward private lawsuits. Further, the absence of a clear probative value of NCAs’ decisions in such […]