The European Commission has published a proposed directive on rules governing private damages actions in the EU. Companies and consumers are increasingly seeking to claim damages for losses suffered due to illegal anti-competitive behaviour of an undertaking.
Such private damages actions are often brought after a competition authority (be it the European Commission or a competition authority of one of the EU member states) adopts a decision finding an undertaking to have infringed either EU or national competition law.
As claims are brought in national civil courts under national law, there is a large divergence between EU member states in relation to the ease with which claimants can bring private damages actions against infringers of competition law…
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