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Transposition of The Antitrust Damages Directive: critical observations

Date: 06/02/2019

Author(s): Barry Rodger, Miguel Sousa Ferro, Francisco Marcos

Format: Research Article

Area(s): Business & Corporate Law, Global, Comparative and European Law

Organización: CPI Antitrust Chronicle

Publication: Go to the article

This article provides a brief overview of a research project recently undertaken by the co-authors, which sought to review and analyze the implementation of the Antitrust Damages Directive across a selected number of EU Member States (“MS”) (The book based on the project, The Antitrust Damages Directive: Transposition in the Member States, was published by OUP in December 2018.) The project sought to examine the transposition of this Directive into national law primarily from a generic EU law implementation perspective, considering the MS processes followed in implementing the Directive. The book also looks more specifically at the national debates and their consequences for the substantive choices adopted in terms of implementation of the Directives various provisions.

While there has been some literature published on key substantive aspects of the Directive2 this project was the first to deliver a comprehensive and important account of the transposition process and outcomes across the EU.

Because of the prevalence of private enforcement practices and the significance of the Directive’s measures for competition litigation in certain MS, all of the “States with considerable private enforcement experience” within the EU were covered by the project: Belgium, France, Germany, Italy, Spain, the Netherlands, and the UK. We then selected four MS from “States with developing private enforcement experience”: Greece, Ireland, Portugal, and Sweden; and three countries from the May 2004 Accession States: Hungary, Poland, and Lithuania. Finally we selected two MS from “States with limited private enforcement experience”: Cyprus and Luxembourg. This article will provide a brief, critical overview of the Directive and its key provisions before outlining the findings of the research Project comparing the transposition processes and outcomes in the selected MS.