JAN-15(1)

By CPI | December 23, 2015

In this issue:

The new EU Directive on Antitrust Damages Actions came into force on Christmas Day, with a promise of wide-spread effects. It’s designed to increase the ability of victims of competition rule infringements to exercise their right to full compensation, as well as to ensure an optimal balance between the public and private enforcement of EU competition rules. This issue presents a variety of viewpoints as to how effectively the new Directive may accomplish those goals—and points out a number of potential pitfalls. The New Year is off to a fast start.

The New EU Directive on Antitrust Damages Actions

Daniele Calisti, Luke Haasbeek, Jan 22, 2015

The Directive on Antitrust Damages Actions and Its role in the Future Enforcement of the EU Antitrust Rules

This Article will briefly discuss the most important provisions of the Directive and their expected impact. Daniele Calisti & Luke Haasbeek (DG Comp)

Hans Friederiszick, Michael Rauber, Jan 21, 2015

A Fleet Without a Captain? Taking Stock of European Antitrust Litigation Post EU Directive

The multi-jurisdiction landscape in Europe, paired with partial but incomplete harmonization across Europe and correct, but complex economic damages concepts, is likely to lead to interlinked multinational damages actions in Europe. Hans W. Friederiszick & Michael Rauber (E.CA Economics)

Laurent Geelhand, Jan 21, 2015

The Appearance of an EU Level Playing Field in the Area of Private Antitrust Enforcement Actions

At this point in time, we can be certain of the boost in European competition litigation claims. Laurent Geelhand (Hausfeld)

Stefano Grassani, Jan 21, 2015

The EU Directive on Antitrust Actions for Damages and Its Side-Effects on Civil Procedure in the European Union

It is therefore easy to predict that the Directive will have a dramatic impact on civil proceedings throughout Europe, making discovery a common feature of civil litigation, whether or not related to antitrust litigation. Stefano Grassani (Pavia e Ansaldo)

Veljko Milutinovic, Jan 21, 2015

The Antitrust Damages Directive: The Ideal of Just Compensation and the Primacy of Public Enforcement

The bias of the Damages Directive for just compensation and follow-on claims seems to have resulted in sacrifices for parallel competences, EU exclusive competence, the diversity of national legal orders, and deterrence. Veljko Milutinović (Belgrade)

Sebastian Peyer, Dec 31, 1969

The Antitrust Damages Directive—Too Little, Too Late

Overall, the Directive provides few incentives for SMEs and consumers—the two groups that are most likely to go uncompensated. Sebastian Peyer (University of Leicester)

Andreas Reindl, Jan 21, 2015

The 2014 Directive on Private Enforcement—Looking Back and Looking Forward

Much will depend on the ability of national courts to handle private damages cases and develop practical, consistent, and predictable approaches to the difficult challenges they face in complex, multi-party litigation. Andreas P. Reindl (Leuphana University)