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ARTICLE · 16 SEPTEMBER 2013

So, Sue Me

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Encouraging private enforcement of the EU antitrust rules has been on the EU Commission's agenda for almost a decade.

United KingdomAntitrust/Competition Law
John Cassels
John Cassels

Encouraging private enforcement of the EU antitrust rules (by encouraging those harmed by cartels and other infringements to pursue actions for damages) has been on the EU Commission's agenda for almost a decade.   Throughout this period, there has been a lot of discussion and debate about how to balance: (i) the desire to protect the immunity/leniency whistle-blowing programme; and (ii) the need for disclosure of incriminating material to enable private damages actions, all within the limits of EU competence.  This week, we are updating on the Commission's private enforcement proposals.

In June, a draft Directive was issued: "certain rules governing actions for damages under national law for infringements of the competition law provisions of Member States and the EU".   The goals of the draft Directive are as follows:

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