Promotion and Harmonization of Antitrust Damages Claims by Directive EU/2014/104?
Preliminary Draft of Chapter 2 of The EU Antitrust Damages Directive: Transposition in the Member States (Oxford University Press, eds. B. Rodger, M.S. Ferro & F. Marcos, Forthcoming).
42 Pages Posted: 25 Aug 2018
Date Written: June 1, 2018
Directive EU/2014/104 is the latest legal instrument that crystalizes the evolution of EU competition law enforcement. This paper assesses critically the features of the Directive and the challenges it poses for its implementation by Member States. The Directive codifies the case law of the EUCJ and it encroaches upon the autonomy of Member States in setting the institutions, remedies and procedures available for victims’ of antitrust infringements. Although the Directive provides a fragmented and incomplete set of rules that only partially harmonizes antitrust damages claims in the EU, and it’s slanted towards follow-on cartel damages claims, it has publicised the availability of damages claims, creating momentum that will transform how competition law is enforced in the future.
Keywords: EU competition law, private enforcement, damages claims, harmonization, Directive
JEL Classification: K13, K21, K41, K42
Suggested Citation: Suggested Citation