ARTICLES: PROCEDURES - ANTICOMPETITIVE PRACTICES - PRIVATE ACTIONS - LINIENCY PROGRAMS - EFFICIENCY

European leniency programmes and private enforcement: Dangerous liaisons

The Damages Directive has seriously undermined the attractivity of the leniency programmes. The safeguards provided by the Directive have not been able to preserve the effectiveness of this key tool for the detection of cartels by European competition authorities. The challenged European system, could therefore be subject to major adjustments in order to reinvigorate leniency.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. 1. When Directive 2014/104/EU [1] ("the Directive") was drawn up, the stated objective was to enhance the value of private actions for competition in continuity with the enshrinement of the right to fair and effective reparation for victims by European [2]case law. However, aware of the problematic nature of the interaction between leniency programmes and reparation [3]actions, the Commission has particularly sought to strike a delicate balance between the attractiveness of leniency and reparation for victims, so that its tool offers satisfactory legal certainty. 2. However, despite the desire to preserve the effectiveness of leniency, the number of

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Adeline Archimbaud, European leniency programmes and private enforcement: Dangerous liaisons, September 2020, Concurrences N° 3-2020, Art. N° 95707, www.concurrences.com

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