The European Commission has published a report on the implementation of the Antitrust Damages Directive which helps citizens and companies claim damages if they are victims of infringements of EU antitrust rules, such as cartels or abuses of dominant market positions. Together with the report Commission has reached positive conclusions as regards to the consistent implementation of its rules.
Antitrust Damages Directive has been adopted by the European Parliament and the Council in November 2014. After that, all member states had implemented the Directive in their legal systems by 2018. However, late implementation, the temporal application scope of the national implementing rules and the limited number of judgments in which national courts applied them so far means that there is an insufficient experience on the application of the Directive. Due to that, Commission has published this Report focusing on an overview of the implementation of the main rules of the Directive and of the various actions that the Commission has taken to ensure its effectiveness and to develop damages actions together with the key rulings from the Court of Justice of the EU in the area of private enforcement.
The report basically includes the implementation of the rules concerning some of the core rules of the Directive, such as the right to full compensation, disclosure of evidence, the evidentiary value of infringement decisions, limitation periods, passing on of overcharges and estimation of harm.
The report can be accessed from the following extension:
report_on_damages_directive_implementation.pdf (europa.eu)
(European Commission, 14.12.2020)
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NAZALI TAX & LEGAL |