EU Commission Presents Package To Facilitate Private Actions For Antitrust Damages

On 11 June 2013 the European Commission published proposals for a Directive governing national damages actions for the infringement of national and EU competition laws.¹ The proposal now goes to the EU legislator for consideration. If the legislator adopts the proposal (or an amended version), the individual EU Member States would be required to enact implementing legislation within two years from the date of adoption. Although the proposal faces uncertain prospects at the EU legislator, if adopted, it would have massive implications for private antitrust damage actions in the EU.

Key measures of the proposed directive

The proposed directive introduces a number of groundbreaking legislative features for the Member States to implement. The key measures are: