Authored by:
Rebecca Dipple
Regulations implementing EU Directive 2014/104 (the
"Damages Directive") have come into force in the UK. The
Claims in respect of Loss or Damage arising from Competition
Infringements (Competition Act 1998 and Other Enactments
(Amendment)) Regulations 2017 (SI 2017/385) (the
"Regulations") entered into force on 9 March 2017 and
were published on 14 March 2017. The Regulations amend the UK
Competition Act 1998 by adding a new section 47F and new Schedule
8A.
The Damages Directive aims at harmonising access to private
damages for competition law infringements across EU Member States.
As a Directive, it requires implementation by Member States through
national legislation. The UK has a comparatively
well-developed private damages regime which already met many of the
requirements of the Damages Directive. However, the
Regulations make some significant changes to existing law, e.g. in
relation to proving loss.
