European Parliament Approves Innovative New Law Aimed at Making the Right to Full Compensation for Antitrust Breach a Reality in the EU

    June 2014

    Introduction

    Individual litigants in many Member States (“MS”) currently face a number of procedural obstacles and practical difficulties in seeking compensation at national level for breach of the EU antitrust rules. In June 2013, the European Commission (the “Commission”) proposed a draft Directive specifically aimed at removing these existing barriers and facilitating the private right of aggrieved parties to seek and obtain compensation for such breaches (the “Draft Directive”).

    Almost one year later, on 17 April 2014, the European Parliament adopted a compromise text, in substantively the same form as the Draft Directive, which will now be subject to the formal approval of the other EU co-legislator; the European Council. Once officially adopted, the MS will have two years to implement the provisions of the Draft Directive into their national law.

    This article briefly considers the background to the Draft Directive and discusses some of the more salient measures adopted by the European Parliament in April, as well as their likely consequences.