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Antitrust

Actions for Damages > Key documents

Legislative initiative on Antitrust Damages Actions

On 11 June 2013, the Commission adopted a proposal for a Directive on antitrust damages actions for breaches of EU competition law.

• Proposal for a Directive of the European Parliament and of the Council on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union.
  COM(2013) 404, 11.6.2013
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• Communication from the Commission on quantifying harm in actions for damages based on breaches of Article 101 or 102 of the Treaty on the Functioning of the European Union.
  C(2013) 3440, 11.6.2013
  bg cs da de el en es fi fr hu it lt lv mt nl pl pt ro sk sl sv
• Commission Staff Working Document – Practical Guide on Quantifying Harm in Actions for damages based on breaches of Article 101 or 102 of the Treaty on the Functioning of the European Union
  SWD(2013) 205, 11.6.2013
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• The proposal was accompanied by an Impact Assessment Report
  SWD(2013) 203 final, 11.6.2013
  en
• Executive Summary of the Impact Assessment Report
  SWD(2013) 204 final, 11.6.2013
  bg cs da de el en es fi fr hu it lt lv mt nl pl pt ro sk sl sv
• Press release: Commission proposes legislation to facilitate damages claims by victims of antitrust violations
• Frequently asked questions: Why this proposal? What are the main measures proposed? What is the relationship with Collective Redress Initiative? Why a Directive? When will it enter into force?
• Citizens Summary
  bg cs da de el en es et fi fr hu it lt lv mt nl pl pt ro sk sl sv
  All language versions will be available shortly

Speeches and articles

Preparatory work: White Paper

The proposal for a Directive follows up on a White Paper adopted on 2 April 2008. The White Paper suggested specific policy measures so that all victims of EU antitrust infringements could effectively access redress mechanisms in order to be fully compensated for the harm they had suffered.

1) Documents

• White Paper on Damages Actions for Breach of the EC antitrust rules
  COM(2008) 165, 2.4.2008
• Commission Staff working paper
  SEC(2008) 404, 2.4.2008
• Impact Assessment Report
  SEC(2008) 405, 2.4.2008
• Executive Summary of this Impact Assessment Report
  SEC(2008) 406, 2.4.2008
  
  The Impact Assessment Report draws, inter alia, on the findings of an external impact study
• "Making antitrust damages actions more effective in the EU: welfare impact and potential scenarios"
• Press release: Antitrust: Commission presents policy paper on compensating consumer and business victims of competition breaches
  IP/08/515
• Frequently asked questions
  MEMO/08/216
• Citizens' summary
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2) Comments received

• The European Parliament adopted a resolution on 26 March 2009 and the European Economic and Social Committee an opinion on 25 March 2009.
• The European Consumer Consultative Group (ECCG) adopted an opinion on 23 November 2010.
• See also the contributions received during the public consultation

Green Paper

The White Paper was preceded by a Green Paper which was published in 2005. This had identified the main obstacles to a more efficient system for bringing damages claims for infringement of EU antitrust law, and had already proposed measures encouraging the right to compensation by victims of infringements of the EU antitrust rules.

1) Documents

• Green Paper - Damages actions for breach of the EC antitrust rules
  COM(2005) 672, 19.12.2005
• Commission Staff working paper de en fr
  SEC(2005) 1732
• Press release: Commission launches consultations on facilitating damages claims for breaches of EU competition law
  IP/05/1634, 20.12.2005
• Frequently asked questions
  MEMO 05/489, 20.12.2005
• A study to identify and analyse the obstacles to successful damages actions in the Member States of the EU

2) Comments received

• The European Parliament adopted a resolution on 25 April 2007 and the European Economic and Social Committee an opinion on 26 October 2006
• See also the contributions received during the public consultation on the Green Paper

Studies prepared for the Commission

• Study on the conditions of claims for damages in case of infringement of EC competition rules (August 2004) and
• Study on making antitrust damages actions more effective in the EU (December 2007).

Key Court cases

Key Court cases The European Court of Justice held in several instances and contexts that anyone who suffered harm through an infringement of the EU antitrust rules is entitled to full compensation, and that national rules should ensure the effectiveness of this right. See for instance:

• 20 September 2001. C-453/99 Courage and Crehan;
• 13 July 2006, Joined cases C-295/04 to C-298/04 Manfredi;
• 14 June 2011. C-360/09 Pfleiderer;
• 6 November 2012, C-199/11 Otis and Others;
• 6 June 2013, C-536/11 Donau Chemie.