PART IV: Issues arising from the Directive on Damages Actions and the role of the national judge

Description:

The fourth part of the online video training deals with the interplay between public and private enforcement, as well as with a series of milestone judgements in this field. Diana Ungureanu discusses the most important elements underpinning damages cases in this short lecture.

The presentation touches upon the following topics:

  • Interplay between public and private enforcement of competition law
  • The road to the new Damages Directive
  • Relevant case law
  • Leniency v. Disclosure
  • Proportionality 
  • Effect of national decisions
  • Limitation periods
  • Joint and several liability
  • Passing-on of overcharges
  • Quantification of damages
  • Consensual Dispute Resolution
  • Table of contents

    Video Materials

    Issues arising from the Directive on Damages Actions and the role of the national judge – Diana Ungureanu

    Speaker presentation

    Smart Animations

    Smart Animation - the Damages Directive

    Smart Animation - Access to evidence 

    Smart animation - Disclosure of evidence

    Smart animation - Effects of national decisions

    Smart animation - Full compensation v. Overcompensation

    Smart animation - Joint and several liability

    Smart animation - Limitation periods

    Smart animation - Passing on of overcharges

    Smart animation - Quantification of damages

    Infographics

    Infographic – the Damages Directive

    Infographic – Court of Justice case/Pfleiderer (2011)


    Infographic – Court of Justice case/ Otis & Others (2012)


    Infographic – Court of Justice case/Donau Chemie (2013)


    Infographic - Public and private enforcement of competition law

    Infographic - Quantification of harm


    Relevant Materials

    Court of Justice Case: Pfleiderer (2011)

    Court of Justice Case:  Otis & Others (2012)

    Court of Justice Case: Donau Chemie (2013) 

    Ashurst Report (2004)

    Green Paper (2005)

    White Paper (2008)

    Communication on Quantifying Harm (2013)

    Damages Directive (2014)

    Article 101

    Article 102

    Charter of Fundamental Rights of the European Union

    Commission Regulation (EU) 2015/1348 amending Regulation (EC) No 773/2004 relating to the conduct of proceedings by the Commission pursuant to Articles 81 and 82

    Communication from the Commission — Amendments to the Commission Notice on the rules for access to the Commission file in cases pursuant to Articles 81 and 82, Articles 53, 54 and 57 of the EEA Agreement and Council Regulation (EC) No 139/2004

    Communication from the Commission — Amendments to the Commission Notice on Immunity from fines and reduction of fines in cartel cases

    Communication from the Commission — Amendments to the Commission Notice on the conduct of settlement procedures in view of the adoption of Decisions pursuant to Article 7 and Article 23 of Council Regulation (EC) No 1/2003 in cartel cases 

    Communication from the Commission — Amendments to the Commission Notice on the cooperation between the Commission and courts of the EU Member States in the application of Articles 81 and 82 EC 

    Transcript

    Transcript - Part IV - Issues