EU consumers will get right to antitrust damages

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Series Details 4.4.08
Publication Date 04/04/2008
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The European Commission published a White Paper, 3 April 2008, suggesting a new model for achieving compensation for consumers and businesses who are the victims of antitrust violations (breaches of EC Treaty rules on restrictive business practices and abuse of dominant market positions). At present, there are serious obstacles in most EU Member States that discourage consumers and businesses from claiming compensation in court in private antitrust damages actions. The White Paper includes suggestions to make damages claims by victims more efficient, whilst ensuring respect for European legal systems and traditions. The model outlined by the Commission is based on compensation through single damages for the harm suffered. The White Paper's other key recommendations cover collective redress, disclosure of evidence and the effect of final decisions of competition authorities in subsequent damages actions. The recommendations balance rights and obligations of both the claimant and the defendant and include safeguards against abuses of litigation. Interested parties are invited to comment on the recommendations until 15 July 2008. The Commission will then reflect on concrete measures in the light of responses to the White Paper.

Related Links
ESO: Background information http://www.europeansources.info/record/brussels-enters-the-fray-over-class-actions/
European Commission: Press Release: IP/08/515: Antitrust: Commission presents policy paper on compensating consumer and business victims of competition breaches http://europa.eu/rapid/pressReleasesAction.do?reference=IP/08/515&format=HTML&aged=0&language=EN&guiLanguage=en
BBC News, 3.4.08: EU targets consumer compensation http://news.bbc.co.uk/1/hi/business/7329457.stm
European Commission: DG Competition: Antitrust: Actions for Damages http://ec.europa.eu/comm/competition/antitrust/actionsdamages/index.html

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