Transposition of the Antitrust Damages Directive into German Law
Kersting, in: Rodger, Ferro and Marcos (eds), The EU Antitrust Damages Directive: Transposition in the Member States (Oxford University Press, due for publication in 2017)
27 Pages Posted: 17 Jul 2017 Last revised: 22 Jul 2017
Date Written: July 7, 2017
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.
Keywords: private enforcement, directive 2014/104/EU, implementation, cartel damage claims, European Commission, competition law, German Act Against Restraints of Competition
JEL Classification: K21, K29
Suggested Citation: Suggested Citation