This document provides a roadmap for a proposed initiative on antitrust damages actions. It outlines the context, problems, objectives, and options. The main problems are that victims of EU antitrust infringements rarely obtain compensation due to diverse national laws. This reduces incentives for competition and harms the internal market. The objective is to ensure victims can access effective compensation mechanisms in all member states. Options considered are taking no action, recommending best practices, approximating some national rules via directive, or full harmonization. The Commission favors approximating some rules via directive to ensure compensation while respecting proportionality.
Presentation by Wojciech Hartung, Poland, on the functioning of legal protection measures in EU countries, at the SIGMA webinar on public procurement reality and challenges of post COVID, held on 26 January 2021.
Effective application of EU law is essential if the European
Union is to meet its objectives as set in the treaties and
enhance the credibility of the EU institutions in the eyes of
the citizens and the public at large.
While Member States are responsible for transposing
directives on time and accurately, and for correctly applying
and implementing EU law as a whole, the Commission
monitors the application of EU law and ensures that their
legislation complies with EU law.
The Q&A gives a succinct overview of restraints of trade, monopolies and abuses of market power in Cyprus. In particular, it covers the regulatory authorities and the regulatory framework, the scope of rules, exemptions, exclusions, statutes of limitation, notification, investigations, penalties and enforcement, third party damages claims, EU law, joint ventures and proposals for reform.
Presentation by Wojciech Hartung, Poland, on the functioning of legal protection measures in EU countries, at the SIGMA webinar on public procurement reality and challenges of post COVID, held on 26 January 2021.
Effective application of EU law is essential if the European
Union is to meet its objectives as set in the treaties and
enhance the credibility of the EU institutions in the eyes of
the citizens and the public at large.
While Member States are responsible for transposing
directives on time and accurately, and for correctly applying
and implementing EU law as a whole, the Commission
monitors the application of EU law and ensures that their
legislation complies with EU law.
The Q&A gives a succinct overview of restraints of trade, monopolies and abuses of market power in Cyprus. In particular, it covers the regulatory authorities and the regulatory framework, the scope of rules, exemptions, exclusions, statutes of limitation, notification, investigations, penalties and enforcement, third party damages claims, EU law, joint ventures and proposals for reform.
The application of EU Law. Italy and the infringement proceduretelosaes
Member States and the application of #EU Law. What’s the infringement procedure? How does the infringement procedure work? The European Commission Report (2012). The virtuous and the defaulters Members States. Italy: open procedures in 2012.
May 2014
Polish Telecom Regulator’s Decisions Regarding Mobile Termination Rates and t...Michal
The article presents key issues relating to the methods of mobile termination rates
calculation by the Polish National Regulatory Agency (NRA): the UKE President. It
analyses the provisions of Polish telecommunications law of 20041 with respect to the
rights and obligations of the UKE President. It invokes specific cases showing how
problematic rates calculation is for mobile operators. The Polkomtel, PTK Centertel,
PTC sp. z o.o. cases clearly show how unclear the calculation process may be in
practice and illustrate how broad the discretionary powers of the UKE President
are in this respect on the grounds of Polish telecommunications law. Highlighted
is also the dispute between the Polish NRA and the European Commission. Even
though the UKE President acts on the grounds of Polish law, its actions have to be
compliant with the European telecoms package and take into utmost account the
recommendations and comments issued by the European Commission.
The implications of State Aid can affect businesses operating within the EU, to protect your business it is vital to understand the risks in terms of both tax and corporate arrangements.
This presentation by Isabel López Gálvez from CNMC Spain was prepared for a roundtable discussion on Criminalisation of cartels and bid rigging conspiracies at the 131st meeting of the OECD Working Party 3 on 9 June 2020. More papers, presentations and contributions from delegations on the topic can be found out at www.oecd.org/daf/competition/criminalisation-of-cartels-and-bid-rigging-conspiracies.htm.
This paper estimates the impact of competition policy on total factor productivity growth for 22 industries in twelve OECD countries over 1995 to 2005. We find a positive and significant effect of competition policy as measured by created indexes. We provide results based on instrumental variables estimators and heterogeneous effects to support the causal nature of the established link. The effect is particularly strong for specific aspects of competition policy related to its institutional setup and antitrust activities. It is also strengthened by good legal systems, suggesting complementarities between competition policy and the efficiency of law enforcement institutions.
Presented by Paolo Bertoldi and Silvia Rezessy, European Commission, Directorate General JRC, Institute for Energy, at the IEA DSM Programme workshop in Milan, Italy on 22 October 2008.
This presentation by John Davies Freshfields was made during a roundtable discussion on Public interest considerations in merger control held at the 123rd meeting of the Working Party No. 3 on Co-operation and Enforcement on 14 June 2014. More papers, presentations and contributions from delegations on the topic can be found out at www.oecd.org/daf/competition/public-interest-considerations-in-merger-control.htm
The application of EU Law. Italy and the infringement proceduretelosaes
Member States and the application of #EU Law. What’s the infringement procedure? How does the infringement procedure work? The European Commission Report (2012). The virtuous and the defaulters Members States. Italy: open procedures in 2012.
May 2014
Polish Telecom Regulator’s Decisions Regarding Mobile Termination Rates and t...Michal
The article presents key issues relating to the methods of mobile termination rates
calculation by the Polish National Regulatory Agency (NRA): the UKE President. It
analyses the provisions of Polish telecommunications law of 20041 with respect to the
rights and obligations of the UKE President. It invokes specific cases showing how
problematic rates calculation is for mobile operators. The Polkomtel, PTK Centertel,
PTC sp. z o.o. cases clearly show how unclear the calculation process may be in
practice and illustrate how broad the discretionary powers of the UKE President
are in this respect on the grounds of Polish telecommunications law. Highlighted
is also the dispute between the Polish NRA and the European Commission. Even
though the UKE President acts on the grounds of Polish law, its actions have to be
compliant with the European telecoms package and take into utmost account the
recommendations and comments issued by the European Commission.
The implications of State Aid can affect businesses operating within the EU, to protect your business it is vital to understand the risks in terms of both tax and corporate arrangements.
This presentation by Isabel López Gálvez from CNMC Spain was prepared for a roundtable discussion on Criminalisation of cartels and bid rigging conspiracies at the 131st meeting of the OECD Working Party 3 on 9 June 2020. More papers, presentations and contributions from delegations on the topic can be found out at www.oecd.org/daf/competition/criminalisation-of-cartels-and-bid-rigging-conspiracies.htm.
This paper estimates the impact of competition policy on total factor productivity growth for 22 industries in twelve OECD countries over 1995 to 2005. We find a positive and significant effect of competition policy as measured by created indexes. We provide results based on instrumental variables estimators and heterogeneous effects to support the causal nature of the established link. The effect is particularly strong for specific aspects of competition policy related to its institutional setup and antitrust activities. It is also strengthened by good legal systems, suggesting complementarities between competition policy and the efficiency of law enforcement institutions.
Presented by Paolo Bertoldi and Silvia Rezessy, European Commission, Directorate General JRC, Institute for Energy, at the IEA DSM Programme workshop in Milan, Italy on 22 October 2008.
This presentation by John Davies Freshfields was made during a roundtable discussion on Public interest considerations in merger control held at the 123rd meeting of the Working Party No. 3 on Co-operation and Enforcement on 14 June 2014. More papers, presentations and contributions from delegations on the topic can be found out at www.oecd.org/daf/competition/public-interest-considerations-in-merger-control.htm
E. rumak, p. sitarek, polish leniency programmeMichal
This paper is devoted to the Polish leniency programme, including the conditions
of obtaining lenient treatment and the applicable procedure. The type, scope
and form of information that must be submitted are commented on as well as
the marker system and summary applications. The intersection of the leniency
scheme with private enforcement of antitrust rules is discussed in detail. Special
attention is devoted to the possible ways in which private antitrust plaintiffs might
access information submitted to the UOKiK by leniency applicants. Thoroughly
analysed are the rules regulating the possibility of obtaining relevant documents
from the UOKiK and from the defendant in the course of civil proceedings as well as the status of the administrative decision in subsequent civil litigation. The paper
covers also the scope of the leniency recipient’s civil liability and touches upon
the possible ways in which it could be limited to enhance the effectiveness of the
leniency scheme. Some suggestions de lege ferenda are also provided concerning
the means of increasing this effectiveness without prejudice to the private parties’
right to compensation.
On your mark EU Financial Transaction Tax for asset managersKNOWitALL
TO GET READY FOR THE EU FINANCIAL TRANSACTION TAX FINANCIAL INSTITUTIONS ARE IN A RACE AGAINST TIME AND POLITICS!
The article reviews the progress of legislative developments regarding the Financial Transactions Tax proposed by 11 member states of the EU. Drawing from the industry’s experience of implementing similar transaction taxes it analyses impact from the perspective of the operational challenges posed and makes a case for considering these wider implications in time to ensure regulatory compliance.
Do you have questions in relation to the legal framework for regulating the behaviour of dominant firms in Ireland? To whom do the rules apply and what forms of conduct can be considered abusive? Matheson’s head of the EU, Competition and Regulatory Law Group, Helen Kelly, and senior associate, Liam Heylin, answer your questions in the Ireland chapter of the 15th edition of the Lexology Getting the Deal Through series on Dominance.
"Competition rules at European Union (EU) level, as well as in Romania, provide investigative powers for the competition authorities.", Andreea Oprișan, Managing Associate Tuca Zbarcea & Asociatii.
Lettre de l'O.B.F.G. à M. Sadullah Ergin, Ministre de la Justice de Turquie, à propos de la situation des avocats assurant la défense de 365 officiers militaires de haut niveau dans le cadre de l' "affaire Balyoz"
Marché public de services juridique de la région wallonne
http://marchespublics.wallonie.be/fr/informations-generales/quoi-de-neuf/marches-publics-avocats/index.html
Lettre de l'O.B.F.G. au Président du Pakistan concernant la situation de Me Asma Jahangir, Présidente du barreau de la Cour Suprême du Pakistan
22 juin 2012
Questions parlementaires à la ministre de la Justice, relatives à la réforme des arrondissements judiciaires et plus particulièrement à la situation de Charleroi
(séance plénière de la Chambre du 21 juin 2012)
Communiqué de presse de l'O.B.F.G. annoçant la mise en ligne d'une pétition soutenant les revendication des avocats pratiquant l'aide juridique
21 juin 2012
Le barreau de Bruxelles s’oppose à l’instauration de la comparution des inculpés devant la chambre du conseil par vidéo-conférence, préconisée par le ministère de la Justice.
14 juin 2012
Question posée par Olivier Maingain à la ministre de la justice en commission de la justice de la Chambre ce mercredi 13 juin 2012 au sujet des "actions de l'OBFG suite au manque de réaction du gouvernement face à la grève de l'aide juridique entamée le 9 mai dernier."
Communiqué 15 juin 2012 section droit social du baj de bruxellesOBFG
Communiqué de presse de la section ‘droit social’ du bureau d’aide juridique de Bruxelles:
« Avocats en solde, justice au rabais » :
Action de la section ‘droit social’ du bureau d’aide juridique ce 15 juin 2012 de 9h à 11h devant le Tribunal du travail de Bruxelles, Place Poelaert n° 3 à 1000 Bruxelles
Improving profitability for small businessBen Wann
In this comprehensive presentation, we will explore strategies and practical tips for enhancing profitability in small businesses. Tailored to meet the unique challenges faced by small enterprises, this session covers various aspects that directly impact the bottom line. Attendees will learn how to optimize operational efficiency, manage expenses, and increase revenue through innovative marketing and customer engagement techniques.
Taurus Zodiac Sign_ Personality Traits and Sign Dates.pptxmy Pandit
Explore the world of the Taurus zodiac sign. Learn about their stability, determination, and appreciation for beauty. Discover how Taureans' grounded nature and hardworking mindset define their unique personality.
Buy Verified PayPal Account | Buy Google 5 Star Reviewsusawebmarket
Buy Verified PayPal Account
Looking to buy verified PayPal accounts? Discover 7 expert tips for safely purchasing a verified PayPal account in 2024. Ensure security and reliability for your transactions.
PayPal Services Features-
🟢 Email Access
🟢 Bank Added
🟢 Card Verified
🟢 Full SSN Provided
🟢 Phone Number Access
🟢 Driving License Copy
🟢 Fasted Delivery
Client Satisfaction is Our First priority. Our services is very appropriate to buy. We assume that the first-rate way to purchase our offerings is to order on the website. If you have any worry in our cooperation usually You can order us on Skype or Telegram.
24/7 Hours Reply/Please Contact
usawebmarketEmail: support@usawebmarket.com
Skype: usawebmarket
Telegram: @usawebmarket
WhatsApp: +1(218) 203-5951
USA WEB MARKET is the Best Verified PayPal, Payoneer, Cash App, Skrill, Neteller, Stripe Account and SEO, SMM Service provider.100%Satisfection granted.100% replacement Granted.
Explore our most comprehensive guide on lookback analysis at SafePaaS, covering access governance and how it can transform modern ERP audits. Browse now!
"𝑩𝑬𝑮𝑼𝑵 𝑾𝑰𝑻𝑯 𝑻𝑱 𝑰𝑺 𝑯𝑨𝑳𝑭 𝑫𝑶𝑵𝑬"
𝐓𝐉 𝐂𝐨𝐦𝐬 (𝐓𝐉 𝐂𝐨𝐦𝐦𝐮𝐧𝐢𝐜𝐚𝐭𝐢𝐨𝐧𝐬) is a professional event agency that includes experts in the event-organizing market in Vietnam, Korea, and ASEAN countries. We provide unlimited types of events from Music concerts, Fan meetings, and Culture festivals to Corporate events, Internal company events, Golf tournaments, MICE events, and Exhibitions.
𝐓𝐉 𝐂𝐨𝐦𝐬 provides unlimited package services including such as Event organizing, Event planning, Event production, Manpower, PR marketing, Design 2D/3D, VIP protocols, Interpreter agency, etc.
Sports events - Golf competitions/billiards competitions/company sports events: dynamic and challenging
⭐ 𝐅𝐞𝐚𝐭𝐮𝐫𝐞𝐝 𝐩𝐫𝐨𝐣𝐞𝐜𝐭𝐬:
➢ 2024 BAEKHYUN [Lonsdaleite] IN HO CHI MINH
➢ SUPER JUNIOR-L.S.S. THE SHOW : Th3ee Guys in HO CHI MINH
➢FreenBecky 1st Fan Meeting in Vietnam
➢CHILDREN ART EXHIBITION 2024: BEYOND BARRIERS
➢ WOW K-Music Festival 2023
➢ Winner [CROSS] Tour in HCM
➢ Super Show 9 in HCM with Super Junior
➢ HCMC - Gyeongsangbuk-do Culture and Tourism Festival
➢ Korean Vietnam Partnership - Fair with LG
➢ Korean President visits Samsung Electronics R&D Center
➢ Vietnam Food Expo with Lotte Wellfood
"𝐄𝐯𝐞𝐫𝐲 𝐞𝐯𝐞𝐧𝐭 𝐢𝐬 𝐚 𝐬𝐭𝐨𝐫𝐲, 𝐚 𝐬𝐩𝐞𝐜𝐢𝐚𝐥 𝐣𝐨𝐮𝐫𝐧𝐞𝐲. 𝐖𝐞 𝐚𝐥𝐰𝐚𝐲𝐬 𝐛𝐞𝐥𝐢𝐞𝐯𝐞 𝐭𝐡𝐚𝐭 𝐬𝐡𝐨𝐫𝐭𝐥𝐲 𝐲𝐨𝐮 𝐰𝐢𝐥𝐥 𝐛𝐞 𝐚 𝐩𝐚𝐫𝐭 𝐨𝐟 𝐨𝐮𝐫 𝐬𝐭𝐨𝐫𝐢𝐞𝐬."
India Orthopedic Devices Market: Unlocking Growth Secrets, Trends and Develop...Kumar Satyam
According to TechSci Research report, “India Orthopedic Devices Market -Industry Size, Share, Trends, Competition Forecast & Opportunities, 2030”, the India Orthopedic Devices Market stood at USD 1,280.54 Million in 2024 and is anticipated to grow with a CAGR of 7.84% in the forecast period, 2026-2030F. The India Orthopedic Devices Market is being driven by several factors. The most prominent ones include an increase in the elderly population, who are more prone to orthopedic conditions such as osteoporosis and arthritis. Moreover, the rise in sports injuries and road accidents are also contributing to the demand for orthopedic devices. Advances in technology and the introduction of innovative implants and prosthetics have further propelled the market growth. Additionally, government initiatives aimed at improving healthcare infrastructure and the increasing prevalence of lifestyle diseases have led to an upward trend in orthopedic surgeries, thereby fueling the market demand for these devices.
RMD24 | Retail media: hoe zet je dit in als je geen AH of Unilever bent? Heid...BBPMedia1
Grote partijen zijn al een tijdje onderweg met retail media. Ondertussen worden in dit domein ook de kansen zichtbaar voor andere spelers in de markt. Maar met die kansen ontstaan ook vragen: Zelf retail media worden of erop adverteren? In welke fase van de funnel past het en hoe integreer je het in een mediaplan? Wat is nu precies het verschil met marketplaces en Programmatic ads? In dit half uur beslechten we de dilemma's en krijg je antwoorden op wanneer het voor jou tijd is om de volgende stap te zetten.
3.0 Project 2_ Developing My Brand Identity Kit.pptxtanyjahb
A personal brand exploration presentation summarizes an individual's unique qualities and goals, covering strengths, values, passions, and target audience. It helps individuals understand what makes them stand out, their desired image, and how they aim to achieve it.
Accpac to QuickBooks Conversion Navigating the Transition with Online Account...PaulBryant58
This article provides a comprehensive guide on how to
effectively manage the convert Accpac to QuickBooks , with a particular focus on utilizing online accounting services to streamline the process.
Putting the SPARK into Virtual Training.pptxCynthia Clay
This 60-minute webinar, sponsored by Adobe, was delivered for the Training Mag Network. It explored the five elements of SPARK: Storytelling, Purpose, Action, Relationships, and Kudos. Knowing how to tell a well-structured story is key to building long-term memory. Stating a clear purpose that doesn't take away from the discovery learning process is critical. Ensuring that people move from theory to practical application is imperative. Creating strong social learning is the key to commitment and engagement. Validating and affirming participants' comments is the way to create a positive learning environment.
[Note: This is a partial preview. To download this presentation, visit:
https://www.oeconsulting.com.sg/training-presentations]
Sustainability has become an increasingly critical topic as the world recognizes the need to protect our planet and its resources for future generations. Sustainability means meeting our current needs without compromising the ability of future generations to meet theirs. It involves long-term planning and consideration of the consequences of our actions. The goal is to create strategies that ensure the long-term viability of People, Planet, and Profit.
Leading companies such as Nike, Toyota, and Siemens are prioritizing sustainable innovation in their business models, setting an example for others to follow. In this Sustainability training presentation, you will learn key concepts, principles, and practices of sustainability applicable across industries. This training aims to create awareness and educate employees, senior executives, consultants, and other key stakeholders, including investors, policymakers, and supply chain partners, on the importance and implementation of sustainability.
LEARNING OBJECTIVES
1. Develop a comprehensive understanding of the fundamental principles and concepts that form the foundation of sustainability within corporate environments.
2. Explore the sustainability implementation model, focusing on effective measures and reporting strategies to track and communicate sustainability efforts.
3. Identify and define best practices and critical success factors essential for achieving sustainability goals within organizations.
CONTENTS
1. Introduction and Key Concepts of Sustainability
2. Principles and Practices of Sustainability
3. Measures and Reporting in Sustainability
4. Sustainability Implementation & Best Practices
To download the complete presentation, visit: https://www.oeconsulting.com.sg/training-presentations
Business Valuation Principles for EntrepreneursBen Wann
This insightful presentation is designed to equip entrepreneurs with the essential knowledge and tools needed to accurately value their businesses. Understanding business valuation is crucial for making informed decisions, whether you're seeking investment, planning to sell, or simply want to gauge your company's worth.
1. ROADMAP
TITLE OF THE INITIATIVE Legislative proposal on antitrust damages actions
TYPE OF INITIATIVE X CWP • Non-CWP • Implementing act/Delegated act
LEAD DG – RESPONSIBLE UNIT COMP/A1
EXPECTED DATE OF ADOPTION Month/Year: June 2012
VERSION OF ROADMAP No: 1 Last modification: Month/Year: May 2011
This indicative roadmap is provided for information purposes only and is subject to change.
It does not prejudge the final decision of the Commission on whether this initiative will be pursued or on its final
content and structure.
A. Context, problem definition
(i) What is the political context of the initiative?
(ii) How does it relate to past and possible future initiatives, and to other EU policies?
(iii) What ex-post analysis of the existing policy has been carried out and what results are relevant for this
initiative? n/a
(1) the political context
According to the European Court of Justice, any citizen or business who suffers harm as a result of a breach of
the EU antitrust rules (Articles 101 and 102 TFEU) must be able to obtain reparation from the party who
caused the harm. As a result, and in the absence of an EU measure, Member States have to have an effective
legal framework enabling victims to exercise their right to compensation. However, despite this requirement
under European law, victims of EU antitrust infringements have to date only rarely obtained reparation for the
harm suffered.
The absence of an effective legal framework for antitrust damages actions also hampers the full enforcement
of the antitrust rules and thus has a negative bearing on competition in an open internal market (see below for
fuller explanation).
(2) The relation with possible future initiatives and with other EU policies
The policy initiative will, in one of its elements, build on the Commission’s ongoing work in the area of collective
redress. Indeed, one of the reasons why victims of EU antitrust infringements are not obtaining full compensation
of the harm suffered, is the lack of effective collective redress in the EU Member States. As that finding is not
unique to competition law cases, the Commission has, as a first step, launched in 2011 a public consultation on
a European approach to collective redress. On the basis of the results of this consultation, the Commission will
by the end of 2011 adopt a horizontal European Framework for Collective Redress. Any provisions on
collective redress in the legislative proposal on antitrust damages actions will be developed on the basis of this
Framework.
What are the main problems which this initiative will address?
The legal framework for enforcing the EU right to compensation for antitrust infringements is currently, in the
absence of European rules on the matter, determined by the national rules on civil liability and civil procedure.
Under these very diverse national rules, citizens and businesses encounter strong difficulties in obtaining
compensation for antitrust damages. Furthermore, the level of protection of the right to damages guaranteed by
EU law depends on the Member State in which the victim of an infringement brings the action. During the public
consultation on the 2008 Commission White Paper on Damages Actions for Breach of the EC antitrust rules, a
wide number of stakeholders, even among those who expressed criticism on the concrete suggestions made,
acknowledged this widespread lack of effective means for obtaining redress and the need to improve this
situation either at the national or European level. As a consequence of the current situation, a large number of
victims of infringements of EU antitrust law remain uncompensated for the harm suffered and see their right to
damages under the Treaty frustrated. There is therefore an ineffective and unequal protection of the rights
granted by EU law and ultimately a clear deficit in terms of corrective justice.
Companies that infringe the EU antitrust rules usually gain an illegal advantage on the market at the expense of
other players and, in particular, consumers and small and medium sized enterprises. The lack of an effective
compensation mechanism means that the costs of antitrust infringements are currently borne by the
victims and law-abiding businesses, rather than by the infringers. This situation is inimical to the
functioning of the competition rules in general, since it affects their efficacy, and undermines general incentives
to pro-competitive behaviour. Inefficient avenues of redress for injured parties lead to economic and welfare
losses to society, a situation which is incompatible with the Europe 2020 objective of a competitive EU economy.
2. Who will be affected by it?
Potentially all economic actors: consumers, small and medium sized enterprises and big companies.
(i) Is EU action justified on grounds of subsidiarity?
(ii) Why can Member States not achieve the objectives of the proposed action sufficiently by themselves?
(Necessity Test)
(iii) Can the EU achieve the objectives better? (Test of EU Value Added)
EU action is justified for the following reasons :
• Lack of European action would conflict with the requirements under European law to provide for an effective
framework for compensation for victims of EU antitrust infringements. As there is no indication that a significant
number of Member States are likely to introduce, in the foreseeable future, legislative changes that ensure a fully
effective legal framework for damages actions by victims of antitrust infringements, only further incentives at
European level can create a legal framework that adequately ensures effective redress.
• There is currently marked inequality in the level of judicial protection of individual rights guaranteed by the
Treaty in the Member States. The result is an evident disparity in the very content of the entitlement to
damages guaranteed by European law. More specifically, a claim under the law of one Member State may
lead to full recovery of the claimant’s loss, while a claim for an identical infringement in another Member State
may lead to a significantly lower award or even no award at all.
• These sometimes large differences in the level of legal protection of the rights which victims derive from the EU
antitrust rules also distort the competitive environment for businesses, as the likelihood and scope of claims for
damages against undertakings directly affect their competitive position. Isolated initiatives by Member States
are, by nature, not likely to produce a more level playing field for businesses and to reduce the uncertainty
created by the currently big differences between the national legal systems. On the contrary, individual initiatives
may even widen the gaps and increase the risk of negative impacts resulting from forum shopping.
Consequently, only European action can correct the distortions of competition that currently exist due to
the variations in the legal arrangements for antitrust damages in the Member States.
• The interaction between the measures improving the conditions for antitrust damages actions and
various aspects of public enforcement of competition rules needs to be addressed, for instance the
operation and protection of the Commission’s and Member States’ leniency programmes. Individual action by
Member States does not seem capable of achieving this in any consistent manner.
B. Objectives of the initiative
What are the main policy objectives?
The main objective of this policy initiative is to ensure that victims of infringements of EU antitrust law have
in all Member States access to truly effective mechanisms for obtaining full compensation for the harm
they suffered. Victims of infringements of EU antitrust law have a right to compensation conferred by the TFEU.
However, to date the current legal framework in which actions for antitrust damages are brought makes it
considerably difficult for victims to enforce their right. By pursuing this objective, the Commission wishes to
guarantee, in every Member State, certain minimum standards allowing victims effectively to claim, and obtain,
full compensation from the infringers of the EU antitrust rules. To this end, the initiative should include inter alia
common rules as regards (i) access to evidence and protection of leniency programs in the context of antitrust
damages actions brought to national courts, (ii) the binding effect of decisions of national competition authorities
as proof for an antitrust infringement in civil proceedings, (iii) rules on whether or not a defendant can invoke that
the claimant passed the damage on to his own customers (passing-on defence) and (iv) rules on standing, in
particular as regards indirect purchasers and the potential aggregation of individual claims (collective redress).
Do the objectives imply developing EU policy in new areas?
No: private enforcement of the EU antitrust rules has been legally possible for decades. This policy initiatives
aims at increasing the effectiveness of that possibility.
C. Options
(i) What are the policy options being considered?
(ii) What legislative or 'soft law' instruments could be considered?
(iii) How do the options respect the proportionality principle?
The policy options include:
1. Taking no further action;
2. Development of optional practical tools/best practices which would be recommended to the Member States;
3. 3. Some approximation of national procedural rules via European legislation (directive);
4. Full harmonisation of national procedural rules via European legislation (directive or regulation).
In line with the proportionality principle, the Commission favours option 3 as it strikes a careful balance
between effective protection of victims’ rights to compensation, the legitimate interests of potential
defendants and third parties and important interests of Member States. The preferred option is the
minimum necessary to effectively achieve its objective, namely to guarantee that across the EU victims of
infringements of EC competition law have access to a truly effective mechanism for obtaining full compensation
for the harm they suffered.
D. Initial assessment of impacts
What are the benefits and costs of each of the policy options?
Please see the IA that has already been carried out (see the opinion of the Impact Assessment Board of 3
February 2009 and the accompanying documents)
Could any or all of the options have significant impacts on (i) simplification, (ii) administrative burden and (iii) on
relations with other countries, (iv) implementation arrangements? And (v) could any be difficult to transpose for
certain Member States?
Please see the IA that has already been carried out (see the opinion of the Impact Assessment Board of 3
February 2009 and the accompanying documents)
(i) Will an IA be carried out for this initiative and/or possible follow-up initiatives? (ii) When will the IA work
start? (iii) When will you set up the IA Steering Group and how often will it meet? (iv) What DGs will be invited?
An IA has already been carried out. (see the opinion of the Impact Assessment Board of 3 February 2009 and
the accompanying documents)
(i) Is any of options likely to have impacts on the EU budget above €5m?
(ii) If so, will this IA serve also as an ex-ante evaluation, as required by the Financial regulation? If not, provide
information about the timing of the ex-ante evaluation.
None of the options has an impact on the EU budget above €5m.
E. Evidence base, planning of further work and consultation
(i) What information and data are already available? Will existing impact assessment and evaluation work be
used?
(ii) What further information needs to be gathered, how will this be done (e.g. internally or by an external
contractor), and by when?
(iii) What is the timing for the procurement process & the contract for any external contracts that you are
planning (e.g. for analytical studies, information gathering, etc.)?
(iv) Is any particular communication or information activity foreseen? If so, what, and by when?
n/a
Which stakeholders & experts have been or will be consulted, how, and at what stage?
The policy initiative is based on two expert studies (2004 and 2007) and two Commission policy documents
(2005 Green Paper and 2008 White Paper), each of which were submitted for public consultation and were
subject of own-initiative resolutions in the European Parliament and in the European Economic and Social
Committee. Also the Commission staff working document "Towards a Coherent European Approach to
Collective Redress" (February 2011) has been submitted for public consultation and was subject of a Hearing
(April 2011). The European Parliament already announced its intention to produce an own-initiative resolution
on the topic.