Directive 2014/104/EU on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union

Author (Corporate) ,
Series Title
Series Details L 349, 05.12.14
Publication Date 05/12/2014
Content Type

Summary:

The European Commission adopted on 13 June 2014 a proposal which seeks to ensure the effective enforcement of the EU competition rules by optimising the interaction between public and private enforcement of competition law and by ensuring the victims of infringements can obtain full compensation for the harm they suffered.

Further information:

Regulation No 1/2003 gives effect to the rules prohibiting anticompetitive agreements and abuses of dominant positions - which are laid down in Articles 101 and 102 of the Treaty on the Functioning of the European Union - by setting out the conditions under which the Commission, the national competition authorities and national courts apply these provisions in individual cases. In addition to public enforcement, the direct effect of Articles 101 and 102 of the Treaty means that these provisions create rights and obligations for individuals, which can be enforced by the national courts of the Member States. This is referred to as the private enforcement of the EU competition rules.

Damages claims for breaches of Articles 101 or 102 of the Treaty constitute an important area of private enforcement of EU competition law. It follows from the direct effect of the prohibitions laid down in Articles 101 and 102 of the Treaty that any individual can claim compensation for the harm suffered, where there is a causal relationship between that harm and an infringement of the EU competition rules. Compensation for harm caused by infringements of EU competition rules cannot be achieved through public enforcement.

Source Link Link to Main Source http://data.europa.eu/eli/dir/2014/104/oj
Related Links
EUR-Lex: COM(2013)404: Proposal for a Directive on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union http://eur-lex.europa.eu/legal-content/EN/HIS/?uri=COM:2013:404:FIN
EUR-Lex: SWD(2013)203: Impact assessment report - Damages actions for breach of the EU antitrust rules http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=SWD:2013:203:FIN
EUR-Lex: SWD(2013)204: Executive summary of the impact assessment - Damages actions for breach of the EU antitrust rules http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=SWD:2013:204:FIN
EUR-Lex: SWD(2013)270: Implementation plan http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=SWD:2013:270:FIN
EP: Legislative Observatory: Rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the EU http://www.europarl.europa.eu/oeil-mobile/fiche-procedure/2013/0185(COD)
European Commission: DG Competition: Antitrust: Actions for Damages: Directive on Antitrust Damages Actions http://ec.europa.eu/competition/antitrust/actionsdamages/directive_en.html
EurActiv, 07.06.13: EU mulls rules for compensating cartel victims http://www.euractiv.com/competition/eu-mulls-rules-compensating-cart-news-528387
European Commission: Commission proposes legislation to facilitate damage claims by victims of antitrust violations [FAQ] http://europa.eu/rapid/press-release_MEMO-13-531_en.htm
UK: BIS: Consultation: Competition policy: Consultation on implementing the EU Directive damages for breaches of competition law, January 2016 https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/495757/BIS-16-6-consultation-implementing-the-EU-directive-on-damages-for-breaches-of-competition-law.pdf
European Commission: Press Release, 11.06.13: Commission proposes legislation to facilitate damage claims by victims of antitrust violations http://europa.eu/rapid/press-release_IP-13-525_en.htm

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