Recouping Losses from Antitrust Breachers: Implementing the Damages Directive across Europe

07 December 2017 - 12:00 am UTC

The Damages Directive has been transposed in 25 of the European Union’s 28 member states. The Directive removes practical obstacles to compensation for all victims of infringements of EU antitrust law and applies all damages actions, whether individual or collective, which are available in Member States. Further, the Directive fine-tunes the interplay between private damages actions and public enforcement of the EU antitrust rules by Commission and national competition authorities.
This report considers the differences in how the Directive has been transposed across 22 European member satest and share comments from practitioners on their likely impact. Throughout different sections of this report, jurisdictions are highlighted through interviews with practitioners with direct experience of the jurisdiction.