The European Commission proposes a draft for a directive on damages for antitrust infringements

Article published on Centre for Competition Policy Blog.

Is the New EU Private Enforcement Draft Directive Too Little Too Late?* After a decade of debate, consultation and guidance papers, DG Competition has finally released its draft Directive on actions for damages. It has been driven by the Commission’s desire to encourage private antitrust enforcement, currently deemed too low and mainly restricted to a small number of Member States, and the need to ‘optimise the interaction between public and private enforcement’. This second objective seeks to maintain the incentives for private firms to reveal cartels in return for leniency and engage in settlement procedures. A particular threat is posed by disclosure of leniency documents to third parties (e.g. Pfleiderer and National Grid). However, with rapidly developing litigation on the national

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  • University of East Anglia

Quotation

Sebastian Peyer, The European Commission proposes a draft for a directive on damages for antitrust infringements, 11 June 2013, e-Competitions Bulletin June 2013, Art. N° 54715

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