Posted by Social Science Research Network
Transposition of the Antitrust Damages Directive into German Law
By Christian Kersting (Heinrich Heine University Düsseldorf)
Abstract: The article discusses the implementation measures taken by the German legislator to transpose the antitrust damages directive (directive 2014/104/EU on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union) by amending the German Act Against Restraints of Competition (“GWB”). The author, who has published his own Draft Implementation Act together with Nicola Preuß (available at SSRN-id2659020), provides a critical analysis of the amendments, focusing particularly on the compatibility with the damages directive.