Article 9 of the Damages Directive requires Member States to ensure that an infringement of competition law found by a final decision of a national competition authority is deemed to be irrefutably established for the purposes of an action for damages brought before their national courts. While some Member States considered decisions by a national competition authority as binding already before the Directive, there were a number of countries where these decisions established only a rebuttable presumption of an infringement. Referring to the application of article 9 of the Damages Directive, the Member States try to determine the binding effect within the Member State of the national authority, the binding effect in another Member State and the binding effect of EU Commission’s decisions.
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