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 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 […]

Relying on EU Soft Law Before National Competition Authorities: Hope for the Best, Expect the Worst

Oana Stefan, Jul 15, 2013 Instruments deprived of legally binding force according to Article 288 TFEU—notices, guidelines, communications, etc.—have been issued in EU competition law since the 1960s. Bearing a vast variety of names and coming in different forms, all these instruments can be gathered under the umbrella notion of “soft law.” As experienced in […]

EU Court Narrows Scope of the De Minimis Principle

Cormac Little, Jul 15, 2013 A recent court decision has significantly narrowed the application of the de minimis principle under EU competition rules. In late 2012, the Court of Justice of the European Union considered whether national competition authorities of EU Member States are required to follow the European Commission’s de minimis rule. This principle […]

Cooperation, Convergence, and Conflicts? The Case of EU and National Merger Control

Andreas Bardong, Jun 28, 2013 The mantra of international merger control has been cooperation, convergence, and comity. Within the European Union, coherence is another widely accepted objective. Taking stock of the situation in the European Union the results are very positive: The level of coherence between the practices of the EU Commission and national competition […]

Same Rules, Double Enforcement: A Comparative Analysis of European Union and Italian Procedural Rules on Anticompetitive Agreements

Francesco Russo, Claudio Tesauro, Jun 28, 2013 Competition law enforcement in the European Union is based on a system of parallel competences in which the European Commission and the national competition authorities of the Member States can apply Article 101 (prohibiting anticompetitive agreements) and 102 (prohibiting abuses of dominant position) of the Treaty on the […]

Protectionism in the Age of Austerity – A Further Unlevelling of the Playing Field?

Nelson Jung, Alex Nourry, Jun 19, 2012 In our 2006 article, we highlighted an emerging wave of interventionism by EU Member States that manifested itself in a variety of protectionist measures designed to prevent foreign takeovers and promote national champions. The European Commission had initiated infringement proceedings against several Member States that had invoked industry-specific […]

EU State Measures Against Foreign Takeovers: Economic Patriotism in All But Name (reprint)

Nelson Jung, Alex Nourry, Jun 19, 2012 This article examines the compatibility of special rights and other state measures with the EC’s single market objectives within the framework of the EC Treaty and their impact on foreign takeovers and investments. It also examines the initiatives taken by the Commission in order to eliminate such measures […]

Compliance with Competition Rules The Way to Go

Ingrid Breit, Jeroen Capiau, Andrew Essilfie, Feb 22, 2012 Any effort by a company to ensure compliance with EU competition rules is important. But what is critical is the fact that the rules are actually complied with. When it comes to taking practical steps to ensure compliance, firms should keep in mind that their efforts […]