The European Commission Proposal for a Directive on Antitrust Damages: A First Assessment

MEPLI Working Paper Series 2013-13

16 Pages Posted: 15 Oct 2013 Last revised: 10 May 2018

Date Written: October 14, 2013

Abstract

On 11 June 2013 the European Commission adopted a package of instruments to facilitate damages claims by victims of antitrust damages. The main element of the package is a proposal for a directive on antitrust damages. The aim of this article is to give an overview of the content of the proposed directive, to assess its scope and legal basis and to investigate whether it contains the most suitable rules to achieve the aim of optimising the interaction between the public and private enforcement of competition law.

Keywords: antitrust damages, dual legal basis, Art. 103 TFEU, Art. 114 TFEU, access to documents, leniency, harmonization of tort law, European competition law, private enforcement, European private law, damages directive

JEL Classification: K21, L40

Suggested Citation

Cauffman, Caroline, The European Commission Proposal for a Directive on Antitrust Damages: A First Assessment (October 14, 2013). MEPLI Working Paper Series 2013-13. Available at SSRN: https://ssrn.com/abstract=2339938 or http://dx.doi.org/10.2139/ssrn.2339938

Caroline Cauffman (Contact Author)

Maastricht University ( email )

P.O. Box 616
Maastricht, 6200MD
Netherlands

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