The EU Prepares A Directive To Facilitate Actions For Damages For Violation of Competition Law

15 June 2009

The European Parliament has passed a resolution advancing the Commission’s initiative.

The new rule aims to facilitate the exercising of all actions for damages resulting from violations of articles 81 and 82.

Specifically, it facilitates collective claims for various injured parties as well as access to information and evidence which may be in the offender’s possession.

Another of the main objectives is to achieve the binding effect of national competition authorities’ decisions on the courts; for example, in Spain only EU rulings are recognized.

Guidelines have also been established for judges due to the often complex nature of damage calculations. Another objective is to keep the statute of limitations from impeding the claim for damages and the procedural costs from dissuading parties from filing claims for damages.

Unlike what goes on in other countries such as the U.S., these types of claims are quite uncommon in the EU and even more so in Spain.

For further information, please contact Eric Jordi Cubells: ejordi@mmmm.es