Damages Claims for Breach of Competition Rules
News    ·   19-05-2014

AUTHOR: Ron Galea Cavallazzi

On 17 April 2014, the European Parliament passed a directive aimed at making it simpler for private parties to efficiently and effectively claim damages for the economic harm that they have suffered as a result of competition law breaches by third parties.

The Directive seeks to reduce the burden of evidence imposed on the party seeking damages by providing an express right to compensation, allowing reliance on the infringement decisions as evidence of an infringement, making provision for disclosure of evidence held by competition authorities and holding infringers jointly and severally liable for  the damages caused by a breach, among other things.

The intention is primarily to provide a further incentive to private parties to sue for damages suffered due to competition law breaches, thereby resulting in more of a deterrent to undertakings and seeking to secure increased compliance with competition laws

The Directive is awaiting formal approval by the European Council following which Member  States will have two years to bring their domestic laws into compliance.

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