‘The Damages Directive fails to deliver – Can it be fixed?’
June 26, 2015 Leave a comment
After a short interval for the Annual Conference last week, the CCP seminar series returns on Friday 26th June with the our good friend Sebastian Peyer (University of Leicester) presenting ‘The Damages Directive fails to deliver – Can it be fixed?‘. Seb is a Lecturer in Law at the University of Leicester and an alumnus of CCP and the UEA Law School. He specialises in the area of the private enforcement of competition law and his research interests also encompass empirical legal studies, law and economics and comparative law. An abstract for his seminar can be found below.
The EU Damages Directive came into force in December 2014. It seeks to ensure the effective private enforcement of competition law rules by facilitating claims in the courts of the EU Member States. However, the proposed measures do not address pressing issues such as claim aggregation or the funding of claims. Instead, the Directive introduces complex rules regarding access to information and joint and several liability.
This paper investigates the goals and key features of the EU Directive on antitrust damages actions. It demonstrates that the EU framework, if implemented without further changes, is unlikely to encourage more claims and create the envisaged level playing field. The Member States, however, could devise a more balanced system of private actions if they are willing to regulate private antitrust actions beyond the Directive’s remit.
The seminar takes place from 13:00-14:00 in the Thomas Paine Study Centre, Room 1.03.