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 of EU competition law across the European Union (the “Package”). At the core of the Package is the draft Directive on damages actions in competition cases, with rules on discovery, the EU-wide binding effect of competition authority decisions, passing-on of damages, joint liability, and limitation periods (the “Directive”). The Package also comprises the Commission’s Working Paper on methods to quantify harm in competition cases, and a Recommendation on collective redress for consumers and SMEs.

This CPI Antitrust Chronicle provides a timely opportunity to review the proposal and to contribute to the discussion of some of the important and controversial measures contained in particular in the proposed Directive:

  • Daniele Calisti & Luke Haasbeek provide an overview of the Directive and explain the intentions behind the Commission’s initiative;
  • Jeroen Kortmann & Rein Wesseling review and critique the Directive from the viewpoint of private practitioners with experience in private litigation and discuss in particular the Directive’s effects on incentives to settle disputes;
  • Sebastian Peyer ex

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