As private enforcement of competition law continues its upward trend potential claimants must consider many factors before deciding to pursue a claim for compensation against their suppliers. EU Directive 2014/104 has contributed to the increased awareness of the right to compensation across Europe and there has been a sharp surge in the number of actions being brought […]
EU Directive strengthens competition authorities of the Member States to be more effective enforcers of EU competition law
On 11 December 2018, Directive (EU) 2019/1 of the European Parliament and of the Council to empower the competition authorities of the Member States to be more effective enforcers and to ensure the proper functioning of the internal market was adopted. The Directive aims to enable national competition authorities (NCAs) to be more effective enforcers of EU competition […]
Not outsourcing your antitrust damage claim – an efficient use of resources?
Is it an efficient use of resources for a company damaged by a cartel to pursue a claim on its own rather than outsourcing the enforcement to a third party with the special experience and expertise necessary to successfully pursue antitrust damage claims? Particularly for small to medium sized enterprises outsourcing is often the only […]
Review of economic publication ‘Cartel Dating’
The recent publication on the determination of the period of actual collusive effects by Boswijk, Bun, & Schinkel (“BBS”) is rather timely given the upsurge in private antitrust enforcement across Europe since the introduction of the EU Damages Directive (“Directive”) and its subsequent implementation into Member State law. Background – The Right to Full Compensation The Directive acknowledges the […]
The compatibility of Irish rules on champerty and maintenance with the EU damages directive
On 17 February 2017, EU Directive 2014/104 (the “Directive”) was transposed into Irish law by the European Union (Actions for Damages for Infringements of Competition Law) Regulations 2017 (the “Implementation Act”). As widely acknowledged, the implementation of the Directive aims to facilitate the enforcement of claims for damages resulting from infringements of competition law before the courts of EU […]
EU proposes new whistleblower safeguards
On 23 April 2018, the European Commission announced its intention to implement new EU-wide standards to safeguard whistleblowers. The Commission’s proposals aim to strengthen existing laws by increasing the protection of whistleblowers who report violations of EU rules, including breaches of competition law. According to the Commission the proposed reforms will establish “safe channels” which whistle-blowers can […]
German Federal Court of Justice hands down landmark judgment in Cement Cartel Case
In 2005, Germany implemented legislation determining the suspension of limitation periods for damage claims during the investigation of a competition authority. However, since the adoption of the new provision it has been unclear whether the law applies on damage claims which arose before the entry into force of the new suspension provision (1 July 2005), […]