Damages Directive Adopted: Wave Of Antitrust Damages Actions Looms

The Directive to facilitate antitrust damages actions was recently adopted by the EU Council of Ministers. It provides victims of antitrust infringements with a set of tools to safeguard their right to obtain full compensation for the harm suffered, including harmonised rules on disclosure of evidence, limitation periods, the passing-on defence and the joint and several liability of antitrust infringers. Cartel participants may therefore not only be faced with potential fines by competition authorities but also with an increased number of damages actions against them. Damages claimants should get ready to test the waters outside the Netherlands, Germany and the UK, the three main jurisdictions currently attractive for antitrust damages proceedings. Although it remains to be seen whether the Directive will enable other jurisdictions to gain in on the head start these three jurisdictions already have. The EU Member States will have two years to incorporate the Directive's