Transposition of EU directive on damage claims for infringement of competition law could result in a rise in legal actions

2015年11月10日

Cuatrecasas and RBB Economics are in charge of drafting a report that will be the basis for the European Commission’s guidelines on this matter.
Cuatrecasas and RBB Economics are in charge of drafting a report that will be the basis for the European Commission’s guidelines on this matter.

 

·         EU Member States update the conditions for damage actions for infringement of Competition Law to be harmonized before 2017  

·         Cuatrecasas, Gonçalves Pereira and RBB Economics draft the report for the European Commission to be used as the basis for the new court guidelines

·         Experts debate in Madrid the relevant procedural changes and the future of these actions in Spain and the EU

European Union Member States have a year to adapt their national legislation to the directive on damage claims for breach of competition law. December 27, 2016, is the deadline to transpose this legislation, which includes important changes for judging damage claims for cartels or abuse of dominant position. 

These issues were debated in a seminar on international Private Enforcement developments organized for a second year by Cuatrecasas in Madrid with the participation of Professor Ricardo Alonso Soto, member of the Ministry of Justice work group for transposition of the directive, Luke Hassbeek, member of the European Commission responsible for supervision and proper transposition of the directive in southern Europe, and Professor Richard Whish, the leading authority on competition law worldwide, among others.

Experts from different European Union countries who have participated in the main legal actions for damages in competition matters have agreed that implementing the directive will bring significant changes to the civil procedural system, which will be a challenge for everyone, and it will increase the number of damage proceedings while offering more guarantees to the parties involved.

The right to claim compensation, guaranteed

One of the most significant changes in the legislation is the implementation of the disclosure mechanism that will force the parties to a claim to provide the necessary, relevant information to prove the counterparty’s case (including infringement and quantified damages), under the  protection of the courts. 

According to Paul Hitchings, litigation partner at Cuatrecasas and panelist, “The new directive will substantially help people affected by antitrust practices to exercise their rights to claim and receive compensation for any harm suffered, and it will facilitate the proper defense of alleged infringers, under comparable protection and similar guarantees in all the European Union.”   

Since cartels have, in most cases, an international component, the current differences in national legislations play an important role when choosing jurisdiction to file a claim, and it has contributed to the trend followed by certain companies to file only in a few jurisdictions, namely, British or Dutch. 

Within the framework of this legislation, the European Commission will publish guidelines in 2017 that will be the benchmark for national courts to determine an important aspect in quantifying damages and the rights of the claiming parties (the so-called pass on). These guidelines will contribute to the correct resolution of civil claims on infringement of EU competition law and give courts the tools to assess economic evidence and calculate compensation.

Cuatrecasas and RBB Economics are in charge of drafting a report that will be the basis for the European Commission’s guidelines on this matter. This study, awarded by public tender, will be submitted towards the middle of next year, and it will analyze from a legal and economic perspective the pass on principle and the current status of this issue in the different European Union Member States. 

分享: 
相关新闻