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Antitrust

Actions for Damages > Overview

  • Overview: Towards effective antitrust damages actions in Europe
  • Damages directive: Everything about the Directive, preparatory work, case-law
  • Evidence in the file: Public consultation on changes to Regulation 773/2004 and four related Notices.
  • Collective redress: Commission Recommendation on collective redress
  • Quantification of harm: Commission Communication and Practical Guide on quantifying antitrust harm in damages actions

Towards more effective antitrust damages actions in Europe

Infringements of the EU antitrust rules (Articles 101 and 102 TFEU), such as cartels or abuse of a dominant position in the market, are not only detrimental for the economy and consumers at large: they also cause concrete harm (e.g. higher prices, lost profits) to concrete victims (e.g. infringers' direct and indirect customers, infringers' competitors and their customers).

The Court of Justice of the European Union has established that any citizen or business has a right to full compensation for the harm caused to them by an infringement of the EU antitrust rules.

However, in practice most victims, particularly SMEs and consumers, rarely obtain compensation. The right to compensation is an EU right, but its exercise is governed by national rules. These often make it costly and difficult to bring antitrust damages actions.

That is why in 2013 the Commission proposed a Directive to remove the main obstacles to effective compensation, and to guarantee minimum protection for citizens and businesses, everywhere in the EU. Following adoption by the ordinary legislative procedure, Directive 2014/104/EU on Antitrust Damages Actions entered into force on 26 December 2014. Member States need to implement it in their legal systems by 27 December 2016.

A complementary measure to the Directive is the Commission Recommendation on collective redress, which invites Member States to introduce by 26 July 2015 collective redress mechanisms, including actions for damages. Collective damages actions are particularly important for consumers harmed by antitrust violations. Since the Directive applies to any damages actions in the antitrust field, it also applies to collective damages actions in those Member States where they are – or will be – available. The Commission will assess the Recommendation's implementation and, if appropriate, propose further measures by 26 July 2017.

Further complementary measures are the Commission Communication and Practical Guide on quantifying antitrust harm in damages actions. They aim to help national courts and parties to antitrust damages actions in the often complex task of quantifying damages. The Practical Guide provides an overview of the main economic methods, techniques and empirical insights available to quantify damages in practice.

Additional quantification guidance will be provided by the Commission in the form of Guidelines for national courts on the passing-on of overcharges. On 21 April 2015, the Commission published a tender for a "Study on the passing-on of overcharges". The study should provide the Commission with an up-to-date overview of the state-of-the-art economic theories, econometric methods and empirical insights which can be useful for national courts when assessing the phenomenon of passing-on, and when estimating the pass-on rate and the loss of profit resulting from any lost business effect in the context of an antitrust damages action. Deadline to submit tenders: 2 June 2015.

Apart from the above legislation and complementary measures, the Commission is committed to providing assistance to national courts in the application of Articles 101 and 102 TFEU. This includes a funding programme for training of national judges in EU competition law and judicial cooperation between national judges.