The Damages Directive - Main articles

The JustCompetition team proposes a closer look at some of the most important articles of the Damages Directive – seven smart animations that go through the main aspects of the new directive.

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The Damages Directive

"There’s a long journey ahead for this Directive but it’s truly to be welcomed. It’s a step into the right direction; it will in fact penetrate into domestic situations and will eventually make it easier for individuals, before each of our Member States, to in fact mount actions from the private side – which after all is the entire objective of combining private enforcement with public enforcement."

                                      Liam McKechnie, Justice of the Supreme Court of Ireland (Part II Training Module)

Effects of national decisions (Article 9)

"The effect of national decisions: ever before the Directive was published, there was a principle that if the Commission had made the final determination on the question of liability, then, in a follow on action, the infringer was bound by the operative part of the Commission’s decision."

                                      Liam McKechnie, Justice of the Supreme Court of Ireland (Part II Training Module)

Limitation periods (Article 10)

"Watch your limitation periods, because they are set out into the Directive and are fairly critical."

                                      Liam McKechnie, Justice of the Supreme Court of Ireland (Part II Training Module)

Joint and several liability (Article 11)

"There’s a principle and it’s a correct principle in law that if you’re a joint tortfeasor you should be jointly and you should be severally liable for the wrong caused"

                                      Liam McKechnie, Justice of the Supreme Court of Ireland (Part II Training Module)

Full compensation vs overcompensation (Article 12)

"What is not envisaged is what is allowed in English law, (…), which is exemplary damages. If the behaviour was so bad that it ought to be punished, then the person who brings the case gets rewarded for doing that by being overcompensated. And that is going to be illegal under the Directive."

                        Adam Scott, Director of Studies, UK Competition Appeal Tribunal (Part VIII Training Module)

Passing-on of overcharges (Article 13)

"So, if you got a supermarket who are claiming that the petrol companies have all got together and raised the price of petrol by 50 cents a litre, the question is: did they suffered that loss or did they passed the whole loss through to their customers?"

                        Adam Scott, Director of Studies, UK Competition Appeal Tribunal (Part VIII Training Module)

Quantification of damages (Article 17)

" Courts have to be empowered to estimate. And this is where you need a mixture, frankly, of competence and confidence."

                        Adam Scott, Director of Studies, UK Competition Appeal Tribunal (Part VIII Training Module)

Relevant links:

Damages Directive

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