Private Antitrust Litigation In The EU: Levelling The Playing Field

Introduction

Historically the number of private antitrust actions in the EU has been low compared with the United States, with procedural differences across EU Member States and lack of legal certainty concerning the right to compensation often cited as the main deterrents for would-be litigants. For a number of years the European Commission has recognised the important role which private antitrust enforcement can play in an effective antitrust regime. In 2005 it initiated a consultation on how to stimulate private actions across EU Member States.¹

On June 11, 2013 the Commission published its proposal for a Directive² (the draft Directive) which would provide for a standardised EU approach across a number of policy areas relating to private antitrust actions, including disclosure of documents, follow-on actions and the treatment of leniency recipients.³ With the draft Directive, the Commission is aiming to achieve a level playing field by reducing the