Tuesday, November 19, 2013
Anneli Howard (Monckton Chambers) asks Too little, too late? The European Commission's Legislative Proposals on Anti-Trust Damages Actions.
ABSTRACT: The Commission recently proposed a Directive establishing compensatory principles for damages actions open to all direct and indirect purchasers with harmonized pass-on defence. That draft attempts to encourage damage actions from consumers/SMEs by introducing evidential presumptions for the establishment and the quantification of harm. A question raised by the document is whether the introduction of minimum standards for disclosure across 28 Member State strikes an effective balance between protecting leniency regime and remedying information asymmetry. It remains to be seen whether the proposal will really achieve the internal market agenda and ensure equal access to justice and adequate compensation for victims.