Competition law damages directive

  • What is Directive 2014 104 EU on antitrust damages actions?

    Directive 2014/104/EU lays down rules allowing firms that are victims of cartel or antitrust violations to be compensated for damages.
    It also seeks to make leniency programmes more efficient.
    Article 20 of this Directive requires the European Commission to submit a report to the co-legislators on its application..

  • What is the damages claims Directive?

    The directive includes a number of claimant-friendly measures that will likely give rise to an increased number of antitrust/competition law claims, including: (i) the introduction of a disclosure regime across all Member States; (ii) confirmation that indirect purchasers are entitled to issue proceedings directly .

  • What is the damages Directive competition?

    It aims at ensuring that anyone who has suffered harm caused by a competition law infringement can effectively exercise the right to claim full compensation for that harm.
    It helps to ensure the smooth interplay between private and public enforcement.Dec 15, 2020.

  • What is the damages Directive?

    It aims at ensuring that anyone who has suffered harm caused by a competition law infringement can effectively exercise the right to claim full compensation for that harm.
    It helps to ensure the smooth interplay between private and public enforcement.Dec 15, 2020.

  • What is the Directive 104 2014?

    Directive 2014/104/EU, signed into law on the 26th of November 2014 (the 2014 Directive), aims at harmonising the rules for claiming damages suffered by victims of cartels in the EU..

  • What is the EU competition law damages Directive?

    A new European directive (“the EU Antitrust Damages Directive”) designed to help individuals and companies claim damages if they become victims of infringements of EU antitrust rules has been formally adopted by EU ministers in November 2014 and signed into law..

  • Definition.
    Damages are a monetary relief available for the party harmed by a competition law infringement.
    The term refers to the sum of money that the claimant seeks compensation for and is causally connected to the anticompetitive conduct that injured the claimant in her business.
  • The directive includes a number of claimant-friendly measures that will likely give rise to an increased number of antitrust/competition law claims, including: (i) the introduction of a disclosure regime across all Member States; (ii) confirmation that indirect purchasers are entitled to issue proceedings directly
  • The ECJ stated that Art. 10 of the Damages Directive, which provides for a five-year limitation period, must be considered a substantive provision since it affects the enforceability of a subjective right. [7] The temporal applicability therefore depends, in accordance with Art.
Dec 5, 20141. This Directive sets out certain rules necessary to ensure that anyone who has suffered harm caused by an infringe ment of competition law by 
the Damages Directive provides for compensatory damages (i.e. compensation to place claimants in the position they would have been in had the infringement not been committed) but does not permit exemplary damages. Section 14 of the Competition Act 2002 provides for exemplary damages for breach of competition law.
The Directive has a twofold goal: It aims at ensuring that anyone who has suffered harm caused by a competition law infringement can effectively exercise the right to claim full compensation for that harm. It helps to ensure the smooth interplay between private and public enforcement.

How does the damages directive affect national courts?

In particular, in damages actions, the Damages Directive (3) requires Member States to ensure that national courts have the power to order disclosure of evidence containing confidential information, if a number of criteria are fulfilled.
Member States shall also ensure that national courts have at their disposal effective measures to protect .

What are the general principles of damages for a competition law infringement?

Articles 3 and 4 of the Directive contain general principles for damages for the violation of a competition law infringement – or one can even go as far and describe them as codified general principles of damages for the violation of EU law since they can be found in other directives and case law as well.

What does the EU competition law Directive reaffirm?

This Directive reaffirms the acquis communautaire on the right to compensation for harm caused by infringements of Union competition law, particularly regarding standing and the definition of damage, as stated in the case-law of the Court of Justice, and does not pre-empt any further development thereof.

What is a competition law infringement directive?

It aims at ensuring that anyone who has suffered harm caused by a competition law infringement can effectively exercise the right to claim full compensation for that harm.
It helps to ensure the smooth interplay between private and public enforcement.
The Directive sets minimum standards for private actions for damages.

Competition law damages directive
Competition law damages directive
Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights is a European Union directive in the field of intellectual property law, made under the Single Market provisions of the Treaty of Rome.
The directive covers civil remedies only—not criminal ones.

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