Transposition of the Antitrust Damages Directive: Critical Observations

By Barry Rodger, Miguel Sousa Ferro & Francisco Marcos – 

This article concerns the developing area of private enforcement of EU competition law, providing an analysis of the transposition across a broad selection of Member States (“MS”) of a major EU Directive introduced with the aim of harmonizing and facilitating competition law damages actions across the European Union. It provides an overview of the EU Antitrust Damages Directive (2014/104/EU), looks at the transposition outcomes in sixteen MS, briefly assessing the solutions followed by each of those MS in addressing the various issues raised by the Directive. In particular the article will consider a range of problems and limitations identified in relation to both the Directive itself and its transposition.

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