The European Antitrust Damage Directive

Antitrust Damage Actions in Europe: Race to the Middle?  by Juan Delgado.

Competition Policy International – Europe Column. May 2014.

The complexity of antitrust damage actions in Europe, related to the existence of differences across EU countries in key elements such as the limitation periods, degrees of court expertise and specialization, or even the role of economic analysis, makes necessary the development and harmonization of antitrust damage action procedures across Europe. The op-ed “Antitrust Damage Actions inEurope: Race to the Middle?” by Juan Delgado at the Europe Column of Competition Policy International (CPI) (May 14) focuses on the recently passed European Directive on the rules governing actions for damages (the antitrust damage directive) and its implications.

While in some Member States such as the UK, Germany or The Netherlands, damage actions have been developing throughout the last years, in other countries such as Spain or Italy is still rare to find these actions. The antitrust damage Directive has taken a long time to arrive. Although the Directive provides useful contributions aiming to facilitate and homogenize antitrust damage actions across European countries, it includes some weak points such as the emphasis in fair compensation which complicates the procedure and the discretion that Member States will have for transposing it into national law.

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