Part I EU Competition Law Private Enforcement and the Antitrust Damages Directive, 2 Promotion and Harmonization of Antitrust Damages Claims by Directive 2014/104/EU?
Barry Rodger, Miguel Sousa Ferro, Francisco Marcos
Edited By: Barry Rodger, Miguel Sousa Ferro, Francisco Marcos
- Infringement cases — Basic principles of competition law — Damages — Application of EU competition rules
This chapter explains the contents and goals of the Antitrust Damages Directive (Directive 2014/104/EU), the corollary of the EU’s policy towards the promotion and facilitation of private enforcement of competition law. It first traces the evolution in EU competition law enforcement and policy that led to the adoption of the Directive before considering the goals of the Directive in more detail, namely to provide rules for the effective compensation of victims of antitrust infringements and to harmonize some rules concerning damages claims. It then examines the Directive’s legal basis under EU Law as well as substantive provisions, including those relating to compensatory principles, quantification of harm, and consensual dispute resolution. The chapter goes on to highlight neglected issues, limitations, and inherent biases regarding the scope and nature of the Directive’s rules and concludes with an analysis of issues arising from implementation of the Directive in Member States.