Many competition laws provide for claims regarding damages by those who have suffered injury from an infringement to the competition law. For example, those who have had to pay higher prices as a result of cartel violations, have the possibility to claim for damages, as restitution of the amounts for which they have been spoliated.
Source: UNCTAD
The Swedish implementation of the Directive on Antitrust Damages Actions (the “Directive”) is in force as of 27 December 2016 with the entering into force of the Swedish Competition Damages Act (Sw. Konkurrensskadelag (2016:964)) (the “Act”). The previous provisions on competition damages in the Swedish Competition Act (Sw. Konkurrenslag (2008:579)) have thereby ceased to apply…
In October 2016, the Commission published a new study on the passing on of overcharges. A key objective for the Study is to provide judges and other practitioners who are not economic experts with clear insight into the economics of pass-on and the methods that can be used to quantify passing-on and volume effects. The…
On Friday, 1 July 2016, the German Federal Ministry of Economic Affairs finally published its draft law implementing the European Union directive governing actions for damages for infringements of competition rules (“Damages Directive”). The drafting process by the German Federal Ministry of Economic Affairs, which was formally in charge of drafting the law, took place…
On 1 October 2015, the Consumer Rights Act 2015 (“CRA 2015”) entered into force. The CRA 2015 makes numerous changes to consumer rights laws in the United Kingdom. Of particular interest to competition practitioners and litigators are the provisions on private actions in competition law, contained in section 81 of and Schedule 8 to the…
What and when? The Commission has adopted amendments to a number of its key procedural rules in order to bring them into line with the EU Directive on Damages Actions, which was adopted in 2014 and must be incorporated into the national law of EU Member States by 27 December 2016. The amendments focus on…
In January 2015 the European Commission announced its intention to appeal a judgment of the Belgian Commercial Court which dismissed the Commission’s claim for €6 million of damages against Otis, KONE, Schindler and ThyssenKrupp. The Court’s decision illuminates the importance of changes brought about by the recently implemented Damages Directive. Background On 27 February 2007…
Together with the publication of its proposed legislation to facilitate damage claims, the Commission has published a Practical Guide to the quantification of harm arising from infringements of the competition rules. The Practical Guide was published in draft form in 2011 (as draft Guidance Paper). Subject to a small number of additions, the changes relative…
