Transposition of the Antitrust Damages Directive Into Spanish Law

IE Law School Working Paper AJ8-241-I, 2018

49 Pages Posted: 8 Mar 2018

Date Written: Feb 12, 2018


This paper analyses the legal measures adopted to implement Directive 2014/104/EU into Spanish law. After briefly looking at the context of private enforcement of competition law in Spain, it examines the process followed for the transposition and the issues discussed before the adoption of the Transposition Decree in May 2017. Overall, it can be affirmed that the new rules comply with the mandates of the Directive, only in a few matters there seems that there will be doubts concerning the interpretation of the new provisions. Some of the doubts may be rooted in the Directive itself (relative responsibility of co-infringers, umbrella claimants, harm to suppliers), and others in the lack of express rules in the Transposition Decree on some matters (causation, fault requirement, interests calculation), moreover it is uncertain how the new procedural tools will play out in practice as they imply a revolutionary change in our procedural rules.

Keywords: private enforcement, competition law, damages, Directive 104/2014, implementation, transposition, competition, EU law

JEL Classification: K13, K21, K41, K42, L40

Suggested Citation

Marcos, Francisco, Transposition of the Antitrust Damages Directive Into Spanish Law (Feb 12, 2018). IE Law School Working Paper AJ8-241-I, 2018, Available at SSRN: or

Francisco Marcos (Contact Author)

IE Law School ( email )

Castellón de la Plana 8
Madrid, Madrid 28006

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