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Antitrust

Actions for Damages > Legislative process

Overview Damages
directive
Transposition
of the Directive
Legislative
process
Disclosure
of Evidence
Quantification
of harm

Ordinary legislative procedure

Based on a Commission proposal of 11 June 2013 (see below), the Directive was adopted by the European Parliament and the Council of the European Union under the ordinary legislative procedure (Article 294 TFEU).

Legislative milestones:

  • On 2 December 2013, the Council adopted its general approach on the Commission's proposal (the "Proposal"), which gave the Council Presidency the mandate to start negotiations with the European Parliament and the Commission with a view to reaching an agreement in the first reading.
  • On 27 January 2014, the ECON Committee of the European Parliament adopted its Report on the Proposal and provided the Rapporteur with a mandate to start trilogue negotiations with the Council and the Commission with a view of reaching an agreement in the first reading.
  • In February and March 2014, three political trilogues and several technical meetings took place in order to reach an agreement on the text. This agreement was reached on 20 March 2014.
  • On 26 March 2014, COREPER endorsed the agreed result of the trilogues. On 17 April 2014, the Parliament approved the compromise text of the Directive. See Commission press release and memo. Following linguistic corrections, the Directive was adopted by the Council on 10 November 2014. See Commission press release.
  • The Directive was formally signed into law on 26 November 2014, and published in the Official Journal of the EU on 5 December 2014.

Commission proposal

The Directive is based on the Commission proposal for a Directive on antitrust damages actions for breaches of EU competition law, which was adopted on 11 June 2013.

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

2) Comments received

Green Paper

The White Paper was preceded by a Green Paper that was published in 2005. The Green Paper 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

2) Comments received

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

Studies prepared for the Commission