The EU Commission proposes a directive that would harmonize private damages claims across the EU

Private damages claims in the EU are a fact of life these days. As a result of the persistent and creative efforts of claimants, the days when cartel damages were a U.S. aberration of merely potential concern for companies facing cartel charges in the EU are long gone. The silver lining for defendants was that damages claims in the EU were brought before national courts with limited experience in dealing with complex competition matters and hugely diverse systems regarding class actions and standards re pass on, etc. 2012 may well prove to be the year in which that silver lining loses its luster. Certain national fora – Germany and the UK in particular – have been maturing sufficiently to offer a roadmap for damage claims, while the European Commission has new plans for a directive to