{"change_dates":[],"dossier":{"amendments":[{"authors":"Sharon Bowles","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-66","location":[["Proposal for a directive","Recital 3"]],"meps":[33570],"meta":{"created":"2019-07-03T05:16:11"},"new":["(3) Articles 101 and 102 of the Treaty","produce direct effects in relations between","individuals and create, for the individuals","concerned, rights and obligations which","national courts must enforce. National","courts thus have an equally essential part to","play in applying the competition rules","(private enforcement). When ruling on","disputes between private individuals, they","protect subjective rights under Union law,","for example by awarding damages to the","victims of infringements. The full","effectiveness of Articles 101 and 102 of the","Treaty, and in particular the practical effect","of the prohibitions laid down therein,","requires that anyone - be they an","individual, including consumers and","undertakings, or a public authority - can","claim compensation before national courts","for the harm caused to them by an","infringement of those provisions in either","a direct or a follow-on case. This Union","right to compensation applies equally to","breaches of Articles 101 and 102 by public","undertakings or undertakings entrusted","with special or exclusive rights by Member","States within the meaning of Article 106 of","the Treaty."],"old":["(3) Articles 101 and 102 of the Treaty","produce direct effects in relations between","individuals and create, for the individuals","concerned, rights and obligations which","national courts must enforce. National","courts thus have an equally essential part to","play in applying the competition rules","(private enforcement). When ruling on","disputes between private individuals, they","protect subjective rights under Union law,","for example by awarding damages to the","victims of infringements. The full","effectiveness of Articles 101 and 102 of the","Treaty, and in particular the practical effect","of the prohibitions laid down therein,","requires that anyone - be they an","individual, including consumers and","undertakings, or a public authority - can","claim compensation before national courts","for the harm caused to them by an","infringement of those provisions. This","Union right to compensation applies","equally to breaches of Articles 101 and 102","by public undertakings or undertakings","entrusted with special or exclusive rights","by Member States within the meaning of","Article 106 of the Treaty."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"66","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sharon Bowles","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-67","location":[["Proposal for a directive","Recital 4 a (new)"]],"meps":[33570],"meta":{"created":"2019-07-03T05:16:11"},"new":["(4a) Actions for damages are only one","element of an effective system of private","enforcement of breaches of competition","law and are accompanied by non-court","based avenues of redress, such as","consensual dispute resolution or public","enforcement decisions that incentivise","parties to provide compensation."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"67","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Olle Schmidt","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-68","justification":" Various collective redress procedures are available in 15 Member States and the number is\n growing. Many national systems are limited in their scope or not easily accessible for\n consumers. This demonstrates a need for clear rules and a cross-border system. Collective\n redress should be accessible for all EU consumers, not just some.","location":[[" Proposal for a directive","Recital 4 a (new)"]],"meps":[4274],"meta":{"created":"2019-07-03T05:16:11"},"new":["(4a) Respective of the prerogative of","Member States to introduce different","collective redress schemes, Member States","should be encouraged, when setting up","such scheme, to introduce an opt-in","system and to refrain from foreseeing the","use of a contingency fee, third party","funding and the possibility to award","punitive damages."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"68","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Elena B\u0103sescu","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-69","location":[["Proposal for a directive","Recital 5"]],"meps":[96814],"meta":{"created":"2019-07-03T05:16:11"},"new":["(5) To ensure effective public and private","enforcement of the competition rules, it is","necessary to regulate in a coherent","manner, the way the two forms of","enforcement are coordinated, for instance","the arrangements for access to documents","held by competition authorities. Such","coordination at Union level will also avoid","divergence of applicable rules, which could","jeopardise the proper functioning of the","internal market."],"old":["(5) To ensure effective public and private","enforcement of the competition rules, it is","necessary to regulate the way the two","forms of enforcement are coordinated, for","instance the arrangements for access to","documents held by competition authorities.","Such coordination at Union level will also","avoid divergence of applicable rules, which","could jeopardise the proper functioning of","the internal market."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"69","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Bas Eickhout on behalf of the Greens/EFA Group","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-70","location":[["Proposal for a directive","Recital 5"]],"meps":[96725],"meta":{"created":"2019-07-03T05:16:11"},"new":["(5) To ensure effective private","enforcement actions under civil law and","effective public enforcement by","competition authorities, both tools are","required to interact to ensure maximum","effectiveness of the competition rules. It is","necessary to regulate the way the two","forms of enforcement are coordinated, for","instance the arrangements for access to","documents held by competition authorities.","Such coordination at Union level will also","avoid divergence of applicable rules, which","could jeopardise the proper functioning of","the internal market."],"old":["(5) To ensure effective public and private","enforcement of the competition rules, it is","necessary to regulate the way the two","forms of enforcement are coordinated, for","instance the arrangements for access to","documents held by competition authorities.","Such coordination at Union level will also","avoid divergence of applicable rules, which","could jeopardise the proper functioning of","the internal market."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"70","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Andreas Schwab","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-71","justification":" This amendment replaces amendment 1 (draft report) for the sake of clarification.","location":[[" Proposal for a directive","Recital 5 a (new)"]],"meps":[28223],"meta":{"created":"2019-07-03T05:16:11"},"new":["(5a) Effective means for consumers and","undertakings to obtain damages will","ensure greater compliance with the Union","competition rules. Accordingly, in the","interests of enhancing public enforcement","of competition rules in the Union, cost-","effective, timely and efficient","compensation of victims of breaches of","those rules should be encouraged. To that","end, compensation of victims following a","consensual dispute resolution process","should be considered to be a mitigating","factor by the competition authorities in","the setting of fines. Encouraging","consensual compensation of victims","should be without prejudice to the need","for harmonisation of the rules in the","Members States governing actions for","damages for infringements of national or","Union competition law."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"71","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sharon Bowles","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-72","justification":"Similar procedures are already carried out in the enforcement of intellectual property rights\nand so regard should be had to this similarity, as well as to the fact that the disclosure\nprovisions given in the legislation mentioned are sufficient in that field.","location":[[" Proposal for a directive","Recital 5 a (new)"]],"meps":[33570],"meta":{"created":"2019-07-03T05:16:11"},"new":["(5a) Mass and dispersed damages,","information asymmetries and other","problems encountered in prosecuting","damages claims occur in EC competition","law. To mitigate these, competition torts","should be treated consistently with other","torts insofar as possible, paying regard to","particular complexities and difficulties","associated with competition law","enforcement, especially as regards stand-","alone damages actions. Furthermore, the","disclosure provisions of Directive","2004/48/EC of the European Parliament","and of the Council of 29 April 2004 on the","enforcement of intellectual property rights","and the Second Venice Resolution of","European Patent Judges adopted on 4","November 2006 fit well with the","requirements of competition actions. In","the interests of individuals and SMEs,","procedural complexity should be avoided."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"72","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Elena B\u0103sescu","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-73","location":[["Proposal for a directive","Recital 6"]],"meps":[96814],"meta":{"created":"2019-07-03T05:16:11"},"new":["(6) In accordance with Article 26(2) of the","Treaty, the internal market comprises an","area without internal frontiers in which the","free movement of goods, persons, services","and capital is ensured. There exist marked","differences between the rules in the","Member States governing actions for","damages for infringements of national or","Union competition law. Those differences","lead to uncertainty concerning the","conditions under which injured parties can","exercise the right to compensation they","derive from the Treaty, and affect the","substantive effectiveness of such right, as","well as collective redress. As injured","parties often choose the forum of their","Member State of establishment to claim","damages, the discrepancies between the","national rules lead to an uneven playing","field as regards actions for damages and","may affect competition on the markets on","which these injured parties, as well as the","infringing undertakings, operate."],"old":["(6) In accordance with Article 26(2) of the","Treaty, the internal market comprises an","area without internal frontiers in which the","free movement of goods, persons, services","","","and capital is ensured. There exist marked","differences between the rules in the","Member States governing actions for","damages for infringements of national or","Union competition law. Those differences","lead to uncertainty concerning the","conditions under which injured parties can","exercise the right to compensation they","derive from the Treaty, and affect the","substantive effectiveness of such right. As","injured parties often choose the forum of","their Member State of establishment to","claim damages, the discrepancies between","the national rules lead to an uneven playing","field as regards actions for damages and","may affect competition on the markets on","which these injured parties, as well as the","infringing undertakings, operate."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"73","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Bas Eickhout on behalf of the Greens/EFA Group","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-74","location":[[" Proposal for a directive","Recital 6"]],"meps":[96725],"meta":{"created":"2019-07-03T05:16:12"},"new":["(6) In accordance with Article 26(2) of the","Treaty, the internal market comprises an","area without internal frontiers in which the","free movement of goods, persons, services","and capital is ensured. There exist marked","differences between the rules in the","Member States governing actions for","damages for infringements of national or","Union competition law. Those differences","lead to uncertainty concerning the actual","effect of competition infringements on the","business sector inflicted and the","conditions under which injured parties can","exercise the right to compensation they","derive from the Treaty, and affect the","substantive effectiveness of such rights.","The additional information asymmetry","and the difficulties associated with","quantifying antitrust harm injured parties","often choose the forum of their Member","State of establishment to claim damages,","the discrepancies between the national","rules lead to an uneven playing field,","distort competition and reducing","consumer confident as regards actions for","damages and may affect competition on the","markets on which these injured parties, as","well as the infringing undertakings,","operate. The lack of common unified and","horizontal legal principles on redress to","assure that the companies whom breaches","the competition law and hold a profit on","such activities at the cost of law abiding","businesses, are not the ones to continue to","benefit from the lack of legal consistency","within the Union."],"old":["(6) In accordance with Article 26(2) of the","Treaty, the internal market comprises an","area without internal frontiers in which the","free movement of goods, persons, services","and capital is ensured. There exist marked","differences between the rules in the","Member States governing actions for","damages for infringements of national or","Union competition law. Those differences","lead to uncertainty concerning the","conditions under which injured parties can","exercise the right to compensation they","derive from the Treaty, and affect the","substantive effectiveness of such right. As","injured parties often choose the forum of","","their Member State of establishment to","claim damages, the discrepancies between","the national rules lead to an uneven playing","field as regards actions for damages and","may affect competition on the markets on","which these injured parties, as well as the","infringing undertakings, operate."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"74","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Bas Eickhout on behalf of the Greens/EFA Group","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-75","location":[["Proposal for a directive","Recital 8"]],"meps":[96725],"meta":{"created":"2019-07-03T05:16:12"},"new":["(8) It is therefore necessary to ensure a","more level playing field for undertakings","operating in the internal market and to","improve the conditions for consumers to","exercise the rights they derive from the","internal market. It is also appropriate to","increase legal certainty and to reduce the","differences between the Member States as","to the national rules governing actions for","damages for infringements of European","competition law and, when applied in","parallel to the latter, national competition","law. An approximation of these rules will","also help to prevent the emergence of","wider differences between the Member","States' rules governing actions for damages","in competition cases to prevent a further","lack of consumer confidence due to the","current difficulties in obtaining","compensation for the harm they have","suffered."],"old":["(8) It is therefore necessary to ensure a","more level playing field for undertakings","operating in the internal market and to","improve the conditions for consumers to","exercise the rights they derive from the","internal market. It is also appropriate to","increase legal certainty and to reduce the","differences between the Member States as","to the national rules governing actions for","damages for infringements of European","competition law and, when applied in","parallel to the latter, national competition","law. An approximation of these rules will","","also help to prevent the emergence of","wider differences between the Member","States' rules governing actions for damages","in competition cases."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"75","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sophia in 't Veld","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-76","location":[[" Proposal for a directive","Recital 8"]],"meps":[28266],"meta":{"created":"2019-07-03T05:16:12"},"new":["(8) It is therefore necessary to ensure a","more level playing field for undertakings","operating in the internal market and to","improve the conditions for consumers to","exercise the rights they derive from the","internal market. It is also appropriate to","increase legal certainty and to reduce the","differences between the Member States as","to the national rules governing actions for","damages for infringements of European","competition law and, when applied in","parallel to the latter, national competition","law. An approximation of these rules and","an obligation for the Member States to","introduce collective redress mechanisms","based on defined common principles will","also help to prevent the emergence of","wider differences between the Member","States' rules governing actions for damages","in competition cases."],"old":["(8) It is therefore necessary to ensure a","more level playing field for undertakings","operating in the internal market and to","improve the conditions for consumers to","exercise the rights they derive from the","internal market. It is also appropriate to","increase legal certainty and to reduce the","differences between the Member States as","to the national rules governing actions for","damages for infringements of European","competition law and, when applied in","parallel to the latter, national competition","law. An approximation of these rules will","also help to prevent the emergence of","wider differences between the Member","States' rules governing actions for damages","in competition cases."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"76","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Bas Eickhout","changes":{},"committee":["ECON"],"compromise":["on behalf of the Greens/EFA Group"],"date":"2013-11-08T00:00:00","id":"PE521.623-77","location":[["Proposal for a directive","Recital 10"]],"meps":[96725],"meta":{"created":"2019-07-03T05:16:12"},"new":["(10) In the absence of Union law, actions","for damages are governed by the national","rules and procedures of the Member States.","All national rules governing the exercise of","the right to compensation for harm","resulting from an infringement of Article","101 or 102 of the Treaty, including those","concerning aspects not dealt with in this","Directive such as the notion of causal","relationship between the infringement and","the harm, must observe the principles of","effectiveness and equivalence. This means","that they may not be formulated or applied","in a way that makes it excessively difficult,","precious or practically impossible to","exercise the right to compensation","guaranteed by the Treaty, and they may not","be formulated or applied less favourably","than those applicable to similar domestic","actions."],"old":["(10) In the absence of Union law, actions","for damages are governed by the national","rules and procedures of the Member States.","All national rules governing the exercise of","the right to compensation for harm","resulting from an infringement of Article","101 or 102 of the Treaty, including those","concerning aspects not dealt with in this","Directive such as the notion of causal","relationship between the infringement and","the harm, must observe the principles of","effectiveness and equivalence. This means","that they may not be formulated or applied","in a way that makes it excessively difficult","or practically impossible to exercise the","right to compensation guaranteed by the","Treaty, and they may not be formulated or","applied less favourably than those","applicable to similar domestic actions."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"77","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Olle Schmidt","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-78","justification":" In February 2012 the European Parliament adopted the resolution \u2018Towards a Coherent\n European Approach to Collective Redress\u2019, in which it called for any proposal in the field of\n collective redress including a common set of principles providing uniform access to justice\n via collective redress within the Union dealing with the infringement of consumer rights. A\n collective redress mechanism would greatly enhance effective enforcement of competition law\n and increase consumer protection.","location":[["Proposal for a directive","Recital 11"]],"meps":[4274],"meta":{"created":"2019-07-03T05:16:12"},"new":["(11) This Directive reaffirms the acquis","communautaire on the Union right to","compensation for harm caused by","infringements of Union competition law,","particularly regarding standing and the","definition of damage, as it has been stated","in the case-law of the Court of Justice of","the European Union, and does not pre-empt","any further development thereof. Anyone","who has suffered harm caused by an","infringement can claim compensation for","the actual loss (damnum emergens), for the","gain of which he has been deprived (loss of","profit or lucrum cessans) and payment of","interest accruing from the time the harm","occurred until compensation is paid. This","right is recognised for any natural or legal","person - consumers, undertakings and","public authorities alike - irrespective of the","existence of a direct contractual","relationship with the infringing","undertaking, and regardless of whether or","not there has been a prior finding of an","infringement by a competition authority."],"old":["(11) This Directive reaffirms the acquis","communautaire on the Union right to","compensation for harm caused by","infringements of Union competition law,","particularly regarding standing and the","definition of damage, as it has been stated","in the case-law of the Court of Justice of","the European Union, and does not pre-empt","","any further development thereof. Anyone","who has suffered harm caused by an","infringement can claim compensation for","the actual loss (damnum emergens), for the","gain of which he has been deprived (loss of","profit or lucrum cessans) and payment of","interest accruing from the time the harm","occurred until compensation is paid. This","right is recognised for any natural or legal","person - consumers, undertakings and","public authorities alike - irrespective of the","existence of a direct contractual","relationship with the infringing","undertaking, and regardless of whether or","not there has been a prior finding of an","infringement by a competition authority.","This Directive should not require Member","States to introduce collective redress","mechanisms for the enforcement of","Articles 101 and 102 of the Treaty."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"78","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Bas Eickhout on behalf of the Greens/EFA Group","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-79","location":[[" Proposal for a directive","Recital 11"]],"meps":[96725],"meta":{"created":"2019-07-03T05:16:12"},"new":["(11) This Directive reaffirms the acquis","communautaire on the Union right to","compensation for harm caused by","infringements of Union competition law,","particularly regarding standing and the","definition of damage, as it has been stated","in the case-law of the Court of Justice of","the European Union, and does not pre-empt","any further development thereof. Anyone","who has suffered harm caused by an","infringement can claim compensation for","the actual loss (damnum emergens), for the","gain of which he has been deprived (loss of","profit or lucrum cessans) and payment of","interest accruing from the time the harm","occurred until compensation is paid. This","right is recognised for any natural or legal","person - consumers, undertakings and","public authorities alike - irrespective of the","existence of a direct contractual","relationship with the infringing","undertaking, and regardless of whether or","not there has been a prior finding of an","infringement by a competition authority."],"old":["(11) This Directive reaffirms the acquis","communautaire on the Union right to","compensation for harm caused by","infringements of Union competition law,","","particularly regarding standing and the","definition of damage, as it has been stated","in the case-law of the Court of Justice of","the European Union, and does not pre-empt","any further development thereof. Anyone","who has suffered harm caused by an","infringement can claim compensation for","the actual loss (damnum emergens), for the","gain of which he has been deprived (loss of","profit or lucrum cessans) and payment of","interest accruing from the time the harm","occurred until compensation is paid. This","right is recognised for any natural or legal","person - consumers, undertakings and","public authorities alike - irrespective of the","existence of a direct contractual","relationship with the infringing","undertaking, and regardless of whether or","not there has been a prior finding of an","infringement by a competition authority.","This Directive should not require Member","States to introduce collective redress","mechanisms for the enforcement of","Articles 101 and 102 of the Treaty."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"79","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sophia in 't Veld","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-80","location":[["Proposal for a directive","Recital 11"]],"meps":[28266],"meta":{"created":"2019-07-03T05:16:12"},"new":["(11) This Directive reaffirms the acquis","communautaire on the Union right to","compensation for harm caused by","infringements of Union competition law,","particularly regarding standing and the","definition of damage, as it has been stated","in the case-law of the Court of Justice of","the European Union, and does not pre-empt","any further development thereof. Anyone","who has suffered harm caused by an","infringement can claim compensation for","the actual loss (damnum emergens), for the","gain of which he has been deprived (loss of","profit or lucrum cessans) and payment of","interest accruing from the time the harm","occurred until compensation is paid. This","right is recognised for any natural or legal","person \u2014 consumers, undertakings and","public authorities alike \u2014 irrespective of","the existence of a direct contractual","relationship with the infringing","undertaking, and regardless of whether or","not there has been a prior finding of an","infringement by a competition authority.","This Directive requires Member States to","introduce collective redress mechanisms","for the enforcement of Articles 101 and","102 of the Treaty based on defined","common principles as stipulated in the","Commission Recommendation","2013/396/EU."],"old":["(11) This Directive reaffirms the acquis","communautaire on the Union right to","compensation for harm caused by","infringements of Union competition law,","particularly regarding standing and the","definition of damage, as it has been stated","in the case-law of the Court of Justice of","the European Union, and does not pre-empt","any further development thereof. Anyone","who has suffered harm caused by an","infringement can claim compensation for","","the actual loss (damnum emergens), for the","gain of which he has been deprived (loss of","profit or lucrum cessans) and payment of","interest accruing from the time the harm","occurred until compensation is paid. This","right is recognised for any natural or legal","person - consumers, undertakings and","public authorities alike - irrespective of the","existence of a direct contractual","relationship with the infringing","undertaking, and regardless of whether or","not there has been a prior finding of an","infringement by a competition authority.","This Directive should not require Member","States to introduce collective redress","mechanisms for the enforcement of","Articles 101 and 102 of the Treaty."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"80","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Andreas Schwab","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-81","justification":"The aim of this Directive is to ensure full compensation. The goal of deterrence lies with\npublic enforcement. Therefore punitive damages or any other kind of damages leading to\novercompensation have to be excluded.","location":[[" Proposal for a directive","Recital 11"]],"meps":[28223],"meta":{"created":"2019-07-03T05:16:12"},"new":["(11) This Directive reaffirms the acquis","communautaire on the Union right to","compensation for harm caused by","infringements of Union competition law,","particularly regarding standing and the","definition of damage, as it has been stated","in the case-law of the Court of Justice of","the European Union, and does not pre-empt","any further development thereof. Anyone","who has suffered harm caused by an","infringement can claim compensation for","the actual loss (damnum emergens), for the","gain of which he has been deprived (loss of","profit or lucrum cessans) and payment of","interest accruing from the time the harm","occurred until compensation is paid. This","right is recognised for any natural or legal","person - consumers, undertakings and","public authorities alike - irrespective of the","existence of a direct contractual","relationship with the infringing","undertaking, and regardless of whether or","not there has been a prior finding of an","infringement by a competition authority.","Punitive damages or other types of","damages and sanctions leading to","overcompensation are excluded.","Compensation for a loss of a chance shall","not be considered as such damages","leading to overcompensation. This","Directive should not require Member","States to introduce collective redress","mechanisms for the enforcement of","Articles 101 and 102 of the Treaty."],"old":["(11) This Directive reaffirms the acquis","communautaire on the Union right to","compensation for harm caused by","infringements of Union competition law,","particularly regarding standing and the","definition of damage, as it has been stated","in the case-law of the Court of Justice of","the European Union, and does not pre-empt","any further development thereof. Anyone","who has suffered harm caused by an","infringement can claim compensation for","the actual loss (damnum emergens), for the","gain of which he has been deprived (loss of","profit or lucrum cessans) and payment of","interest accruing from the time the harm","","occurred until compensation is paid. This","right is recognised for any natural or legal","person - consumers, undertakings and","public authorities alike - irrespective of the","existence of a direct contractual","relationship with the infringing","undertaking, and regardless of whether or","not there has been a prior finding of an","infringement by a competition authority.","This Directive should not require Member","States to introduce collective redress","mechanisms for the enforcement of","Articles 101 and 102 of the Treaty."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"81","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sharon Bowles","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-82","location":[["Proposal for a directive","Recital 11 a (new)"]],"meps":[33570],"meta":{"created":"2019-07-03T05:16:12"},"new":["(11a) Achieving a 'once-and-for-all'","settlement for defendants is desirable with","a view to reducing uncertainty and an","exaggerated economic effect that might","impact on employees, suppliers,","subcontractors and other innocent parties."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"82","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Bas Eickhout on behalf of the Greens/EFA Group","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-83","location":[[" Proposal for a directive","Recital 11 a (new)"]],"meps":[96725],"meta":{"created":"2019-07-03T05:16:12"},"new":["(11a) SMEs and consumers suffer","damage because of legal ineffectiveness","due to lack of cost effective enforcement","of Article 101 and 102 of the Treaty. This","imbalance gives opportunity for large","companies to exploit their size and","financial positions in the internal market","towards SMEs. The collective redress","procedures for access to justice, especially","for SMEs and consumers, are a vital","factor to enforce legal rights. The aims of","the proposed directive may not be fully","reached if collective redress is not","available to SMEs and consumers to","initiate legal procedures for damages for","competition law infringements; the","Commission shall launch a study","assessing how Member States apply","collective redress procedures to private","damage claims for the enforcement of","infringements to Articles 101 and 102 of","the Treaty."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"83","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Olle Schmidt","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-84","justification":"In February 2012 the European Parliament adopted the resolution \u2018Towards a Coherent\nEuropean Approach to Collective Redress\u2019, in which it called for any proposal in the field of\ncollective redress including a common set of principles providing uniform access to justice\nvia collective redress within the Union dealing with the infringement of consumer rights. A\ncollective redress mechanism would greatly enhance effective enforcement of competition law\nand increase consumer protection.","location":[[" Proposal for a directive","Recital 11 a (new)"]],"meps":[4274],"meta":{"created":"2019-07-03T05:16:12"},"new":["(11a) The correct enforcement of","competition law and the effective exercise","by both businesses and consumers of their","right to compensation are tightly","interwoven and key in achieving","competitive growth. A European right to","collective redress will, in this regard,","contribute to the completion of the","internal market and the development of a","genuine area of freedom, security and","justice."],"old":[""],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"84","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sharon Bowles","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-85","location":[["Proposal for a directive","Recital 14"]],"meps":[33570],"meta":{"created":"2019-07-03T05:16:12"},"new":["(14) Relevant evidence should be disclosed","upon decision of the court and under its","strict control, especially as regards the","necessity and proportionality of the","disclosure measure. It follows from the","requirement of proportionality that","disclosure requests can only be triggered","once an injured party has provided a","reasoned justification, on the basis of facts","which are reasonably available to him, that","the party has suffered harm that was caused","by the defendant. The request for","disclosure should refer to evidence which","is defined as precisely and narrowly as","possible on the basis of reasonably","available facts."],"old":["(14) Relevant evidence should be disclosed","upon decision of the court and under its","strict control, especially as regards the","necessity and proportionality of the","disclosure measure. It follows from the","requirement of proportionality that","disclosure requests can only be triggered","once an injured party has made it","plausible, on the basis of facts which are","reasonably available to him, that the party","has suffered harm that was caused by the","defendant. The request for disclosure","should refer to categories of evidence","which are as precise and narrow as","possible on the basis of reasonably","available facts."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"85","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sharon Bowles","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-86","justification":" Redaction is a tool currently used.","location":[[" Proposal for a directive","Recital 17"]],"meps":[33570],"meta":{"created":"2019-07-03T05:16:12"},"new":["(17) While relevant evidence containing","business secrets or otherwise confidential","information should in principle be","available in actions for damages, such","confidential information needs to be","appropriately protected. National courts","should therefore have at their disposal a","range of measures to protect such","confidential information from being","disclosed during the proceedings. These","may include the possibility of hearings in","private, redacting that confidential","information, restricting the circle of","persons entitled to see the evidence, and","instruction of experts to produce","summaries of the information in an","aggregated or otherwise non-confidential","form. Measures protecting business secrets","and other confidential information should","not practically impede the exercise of the","right to compensation."],"old":["(17) While relevant evidence containing","business secrets or otherwise confidential","information should in principle be","available in actions for damages, such","confidential information needs to be","appropriately protected. National courts","should therefore have at their disposal a","range of measures to protect such","confidential information from being","disclosed during the proceedings. These","may include the possibility of hearings in","private, restricting the circle of persons","entitled to see the evidence, and instruction","of experts to produce summaries of the","information in an aggregated or otherwise","non-confidential form. Measures protecting","business secrets and other confidential","information should not practically impede","the exercise of the right to compensation."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"86","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sophia in 't Veld","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-87","location":[[" Proposal for a directive","Recital 19"]],"meps":[28266],"meta":{"created":"2019-07-03T05:16:12"},"new":["deleted"],"old":["(19) Leniency programmes and settlement","procedures are important tools for the","public enforcement of Union competition","law as they contribute to the detection,","efficient prosecution and sanctioning of","the most serious competition law","infringements. Undertakings may be","deterred from co-operating in this context","if disclosure of documents they solely","produce to this end were to expose them to","civil liability under worse conditions than","the co-infringers that do not co-operate","with competition authorities. To ensure","that undertakings are willing to produce","voluntary statements acknowledging their","participation in an infringement of Union","or national competition law to a","competition authority under a leniency","programme or a settlement procedure,","such statements should be excepted from","disclosure of evidence."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"87","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Bas Eickhout on behalf of the Greens/EFA Group","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-88","location":[["Proposal for a directive","Recital 19"]],"meps":[96725],"meta":{"created":"2019-07-03T05:16:13"},"new":["deleted"],"old":["(19) Leniency programmes and settlement","procedures are important tools for the","public enforcement of Union competition","law as they contribute to the detection,","efficient prosecution and sanctioning of","the most serious competition law","infringements. Undertakings may be","deterred from co-operating in this context","if disclosure of documents they solely","produce to this end were to expose them to","","civil liability under worse conditions than","the co-infringers that do not co-operate","with competition authorities. To ensure","that undertakings are willing to produce","voluntary statements acknowledging their","participation in an infringement of Union","or national competition law to a","competition authority under a leniency","programme or a settlement procedure,","such statements should be excepted from","disclosure of evidence."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"88","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sophia in 't Veld","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-89","location":[[" Proposal for a directive","Recital 20"]],"meps":[28266],"meta":{"created":"2019-07-03T05:16:13"},"new":["(20) Leniency programmes and settlement","procedures are important tools for the","public enforcement of Union competition","law as they contribute to the detection,","efficient prosecution and sanctioning of","the most serious competition law","infringements. Undertakings may be","deterred from co-operating in this context","if disclosure of documents they solely","produce to this end were to expose them to","civil liability under worse conditions than","the co-infringers that do not co-operate","with competition authorities. To ensure","that undertakings are willing to cooperate","with a competition authority under a","leniency programme or a settlement","procedure an exception to disclosure","should apply to any disclosure measure","that would unduly interfere with an","ongoing investigation by a competition","authority concerning an infringement of","national or Union competition law.","Information that was prepared by a","competition authority in the course of its","proceedings for the enforcement of","national or Union competition law (such as","a Statement of Objections) or by a party to","those proceedings (such as replies to","requests for information of the competition","authority) should therefore be disclosable","in actions for damages only after the","competition authority has found an","infringement of the national or Union","competition rules or has otherwise closed","its proceedings."],"old":["(20) In addition, an exception to disclosure","should apply to any disclosure measure","that would unduly interfere with an","ongoing investigation by a competition","authority concerning an infringement of","national or Union competition law.","Information that was prepared by a","competition authority in the course of its","proceedings for the enforcement of","national or Union competition law (such as","a Statement of Objections) or by a party to","those proceedings (such as replies to","requests for information of the competition","authority) should therefore be disclosable","in actions for damages only after the","competition authority has found an","infringement of the national or Union","competition rules or has otherwise closed","its proceedings.",""],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"89","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Olle Schmidt","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-90","justification":"Even though there exists competition cases made possible through only a whistle-blower there\nis no specific reference to this in the proposed directive. The protection of whistle-blowers\nonly concerns the identity of the whistle-blower, and not the information provided. To ensure\npredictability and equivalent ruling personal data should be added to the directive. Today the\nidentity of whistle-blowers are protected under Members State law.","location":[["Proposal for a directive","Recital 21 a (new)"]],"meps":[4274],"meta":{"created":"2019-07-03T05:16:13"},"new":["(21a) To ensure that individuals have the","incentive to come forward and help","competition authorities in their work","against cartels, the protection of","individuals coming forward with","information must be explicitly included in","the directive. However, only personal data","and information linked to personal data","should be included in the information that","national courts cannot at any time order a","party or third party to disclose."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"90","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Andreas Schwab","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-91","justification":" This recital reflects the disclosure regime introduced by the draft report.","location":[[" Proposal for a directive","Recital 21 a (new)"]],"meps":[28223],"meta":{"created":"2019-07-03T05:16:13"},"new":["(21a) Where a claimant has presented","reasonably available facts and evidence","sufficient to support plausibly that he has","suffered harm caused by the defendant's","infringement of the competition rules and","that the leniency statement or any other","document disclosed for the purposes of","participating in a leniency programme or","in a settlement procedure by the applicant","for leniency and submitted to a","competition authority or drawn up by the","competition authority during its","proceedings is indispensable to supporting","their claim and contains evidence that","cannot be otherwise provided, national","courts may order the defendant or a third","party to disclose evidence, regardless of","whether or not that evidence is also","included in the file of the competition","authority, subject to a set of conditions."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"91","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Andreas Schwab","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-92","location":[[" Proposal for a directive","Recital 25"]],"meps":[28223],"meta":{"created":"2019-07-03T05:16:13"},"new":["(25) Article 16(1) of Regulation (EC) No","1/2003 provides that where national courts","rule on agreements, decisions or practices","under Article 101 or 102 of the Treaty","which are already the subject of a","Commission decision, they cannot take","decisions which run counter to the decision","adopted by the Commission. To enhance","legal certainty, to avoid inconsistency in","the application of those Treaty provisions,","to increase the effectiveness and procedural","efficiency of actions for damages and to","foster the functioning of the internal","market for undertakings and consumers, it","should similarly not be possible to call into","question a final decision by a national","competition authority or a review court","finding an infringement of Article 101 or","102 of the Treaty in actions for damages","relating to the same infringement,","regardless of whether or not the action is","brought in the Member State of the","authority or review court. The same should","apply to a decision in which it has been","concluded that provisions of national","competition law are infringed in cases","where national and Union competition law","are applied in the same case and in parallel.","This effect of decisions by national","competition authorities and review courts","finding an infringement of the competition","rules should apply to the operative part of","the decision and its supporting recitals. To","this regard, the European Commission","should ensure a consistent application of","EU competition law by providing in a","transparent manner within the framework","of the European Competition Network","('ECN') strong guidance to the national","competition authorities as regards their","decisions. This is without prejudice to the","rights and obligations of national courts","under Article 267 of the Treaty."],"old":["(25) Article 16(1) of Regulation (EC) No","1/2003 provides that where national courts","","","rule on agreements, decisions or practices","under Article 101 or 102 of the Treaty","which are already the subject of a","Commission decision, they cannot take","decisions which run counter to the decision","adopted by the Commission. To enhance","legal certainty, to avoid inconsistency in","the application of those Treaty provisions,","to increase the effectiveness and procedural","efficiency of actions for damages and to","foster the functioning of the internal","market for undertakings and consumers, it","should similarly not be possible to call into","question a final decision by a national","competition authority or a review court","finding an infringement of Article 101 or","102 of the Treaty in actions for damages","relating to the same infringement,","regardless of whether or not the action is","brought in the Member State of the","authority or review court. The same should","apply to a decision in which it has been","concluded that provisions of national","competition law are infringed in cases","where national and Union competition law","are applied in the same case and in parallel.","This effect of decisions by national","competition authorities and review courts","finding an infringement of the competition","rules should apply to the operative part of","the decision and its supporting recitals.","This is without prejudice to the rights and","obligations of national courts under Article","267 of the Treaty."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"92","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sharon Bowles","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-93","justification":"Placing the burden of showing the pass-on with the indirect purchaser may require\nunobtainable knowledge on pricing strategies of direct purchasers. Passing on costs down the\nsupply chain is normal business practice and this must be taken into account.","location":[[" Proposal for a directive","Recital 31"]],"meps":[33570],"meta":{"created":"2019-07-03T05:16:13"},"new":["(31) Consumers or undertakings to whom","actual loss has been passed on have","suffered harm that has been caused by an","infringement of national or Union","competition law. While such harm should","be compensated by the infringing","undertaking, it may be particularly difficult","for consumers or undertakings that did not","themselves make any purchase from the","infringing undertaking to prove the scope","of that harm. It is therefore appropriate to","provide that, where the existence of a claim","for damages or the amount to be awarded","depends on whether or to what degree an","overcharge paid by the direct purchaser of","the infringing undertaking has been passed","on to the indirect purchaser, the latter is","regarded as having brought the proof that","an overcharge paid by that direct purchaser","has been passed on to his level, where he is","able to show prima facie that such passing-","on has occurred. It is furthermore","appropriate to define under what conditions","the indirect purchaser is to be regarded as","having established such prima facie proof,","while also respecting that it is normal","business practice to pass on overcharges","down the supply chain. As regards the","quantification of passing-on, the national","court should have the power to estimate","which share of the overcharge has been","passed on to the level of indirect","purchasers in the dispute pending before it.","The infringing undertaking should be","allowed to bring proof showing that the","actual loss has not been passed on or has","not been passed on entirely."],"old":["(31) Consumers or undertakings to whom","actual loss has been passed on have","suffered harm that has been caused by an","infringement of national or Union","competition law. While such harm should","be compensated by the infringing","undertaking, it may be particularly difficult","for consumers or undertakings that did not","themselves make any purchase from the","infringing undertaking to prove the scope","of that harm. It is therefore appropriate to","provide that, where the existence of a claim","for damages or the amount to be awarded","depends on whether or to what degree an","overcharge paid by the direct purchaser of","the infringing undertaking has been passed","on to the indirect purchaser, the latter is","regarded as having brought the proof that","an overcharge paid by that direct purchaser","has been passed on to his level, where he is","able to show prima facie that such passing-","on has occurred. It is furthermore","appropriate to define under what conditions","the indirect purchaser is to be regarded as","having established such prima facie proof.","As regards the quantification of passing-","on, the national court should have the","power to estimate which share of the","overcharge has been passed on to the level","of indirect purchasers in the dispute","pending before it. The infringing","undertaking should be allowed to bring","proof showing that the actual loss has not","been passed on or has not been passed on","entirely."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"93","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Olle Schmidt","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-94","justification":" To increase protection of the party injured from a competition law infringement it is\n important to ensure that it has a strong voice in the court proceedings. By emphasising the\n injured party's estimation of the harm it is ensured that the weaker party is protected. In\n addition, it further disincentivises cartel participation because the power of infringers in\n court proceedings is reduced.","location":[["Proposal for a directive","Recital 36"]],"meps":[4274],"meta":{"created":"2019-07-03T05:16:13"},"new":["(36) In the absence of Union rules on the","quantification of harm caused by a","competition law infringement, it is for the","domestic legal system of each Member","State and for the national courts to","determine what requirements the injured","party has to meet when proving the amount","of the harm suffered, how precisely he has","to prove that amount, the methods that can","be used in quantifying the amount and the","consequences of not being able to fully","meet the set requirements. However, these","domestic requirements should not be less","favourable than those governing similar","domestic actions (principle of","equivalence), nor should they render the","exercise of the Union right to damages","practically impossible or excessively","difficult (principle of effectiveness).","Regard should be had in this respect to any","information asymmetries between the","parties and to the fact that quantifying the","harm means assessing how the market in","question would have evolved had there","been no infringement. This assessment","implies a comparison with a situation","which is by definition hypothetical and can","thus never be made with complete","accuracy. It is therefore appropriate to give","national courts the power to estimate the","amount of the harm caused by the","competition law infringement. In this","estimation emphasise shall be given to the","injured party's estimation of the harm."],"old":["(36) In the absence of Union rules on the","quantification of harm caused by a","competition law infringement, it is for the","domestic legal system of each Member","State and for the national courts to","determine what requirements the injured","party has to meet when proving the amount","of the harm suffered, how precisely he has","to prove that amount, the methods that can","be used in quantifying the amount and the","consequences of not being able to fully","meet the set requirements. However, these","domestic requirements should not be less","favourable than those governing similar","domestic actions (principle of","equivalence), nor should they render the","exercise of the Union right to damages","practically impossible or excessively","difficult (principle of effectiveness).","Regard should be had in this respect to any","information asymmetries between the","parties and to the fact that quantifying the","harm means assessing how the market in","question would have evolved had there","been no infringement. This assessment","implies a comparison with a situation","which is by definition hypothetical and can","thus never be made with complete","accuracy. It is therefore appropriate to give","national courts the power to estimate the","amount of the harm caused by the","competition law infringement.","",""],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"94","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sophia in 't Veld","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-95","location":[[" Proposal for a directive","Recital 36"]],"meps":[28266],"meta":{"created":"2019-07-03T05:16:13"},"new":["(36) In the absence of Union rules on the","quantification of harm caused by a","competition law infringement, it is for the","domestic legal system of each Member","State and for the national courts to","determine what requirements the injured","party has to meet when proving the amount","of the harm suffered, how precisely he has","to prove that amount, the methods that can","be used in quantifying the amount and the","consequences of not being able to fully","meet the set requirements. However, these","domestic requirements should not be less","favourable than those governing similar","domestic actions (principle of","equivalence), nor should they render the","exercise of the Union right to damages","practically impossible or excessively","difficult (principle of effectiveness).","Regard should be had in this respect to any","information asymmetries between the","parties and to the fact that quantifying the","harm means assessing how the market in","question would have evolved had there","been no infringement. This assessment","implies a comparison with a situation","which is by definition hypothetical and can","thus never be made with complete","accuracy. It is therefore appropriate to give","national courts the power to estimate the","amount of the harm caused by the","competition law infringement. Member","States shall ensure that where requested,","NCAs will provide guidance on","quantifying the harm."],"old":["(36) In the absence of Union rules on the","quantification of harm caused by a","competition law infringement, it is for the","domestic legal system of each Member","State and for the national courts to","determine what requirements the injured","party has to meet when proving the amount","of the harm suffered, how precisely he has","to prove that amount, the methods that can","be used in quantifying the amount and the","consequences of not being able to fully","meet the set requirements. However, these","domestic requirements should not be less","favourable than those governing similar","domestic actions (principle of","equivalence), nor should they render the","exercise of the Union right to damages","practically impossible or excessively","difficult (principle of effectiveness).","Regard should be had in this respect to any","information asymmetries between the","parties and to the fact that quantifying the","harm means assessing how the market in","question would have evolved had there","","been no infringement. This assessment","implies a comparison with a situation","which is by definition hypothetical and can","thus never be made with complete","accuracy. It is therefore appropriate to give","national courts the power to estimate the","amount of the harm caused by the","competition law infringement."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"95","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Elena B\u0103sescu","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-96","location":[["Proposal for a directive","Recital 37"]],"meps":[96814],"meta":{"created":"2019-07-03T05:16:13"},"new":["(37) Injured parties and infringing","undertakings should be encouraged to","agree on compensating the harm caused by","a competition law infringement through","consensual dispute resolution mechanisms,","such as out-of-court settlements, arbitration","and mediation. Where possible, such","consensual dispute resolution should cover","as many injured parties and infringing","undertakings as possible. The provisions in","this Directive on consensual dispute","resolution are therefore meant to facilitate","the use of such mechanisms and increase","their effectiveness, and shall not","discourage in any way, the parties from","reaching settlements."],"old":["(37) Injured parties and infringing","undertakings should be encouraged to","agree on compensating the harm caused by","a competition law infringement through","consensual dispute resolution mechanisms,","such as out-of-court settlements, arbitration","and mediation. Where possible, such","consensual dispute resolution should cover","as many injured parties and infringing","undertakings as possible. The provisions in","this Directive on consensual dispute","resolution are therefore meant to facilitate","the use of such mechanisms and increase","their effectiveness."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"96","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Olle Schmidt","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-97","justification":" For a consumer, a consumer organisation or a small company the risk of having to pay court\n costs in case of a loss may severely deter them from raising claims. A fund financed by fines\n paid by competition infringement cases could be set up. This fund will finances a first\n indicative verdict of a potential case based on evidence provided by a potential claimant. It\n should be pointed out that the rule of 'losers pay' shall be kept.","location":[[" Proposal for a directive","Recital 41 a (new)"]],"meps":[4274],"meta":{"created":"2019-07-03T05:16:13"},"new":["(41a) The costs of legal procedures should","not deter claimants from bringing well-","founded actions in front of national","courts. Therefore Members States should","take appropriate measures to arrange for","injured parties to access finance for a","damage claim. This can be done through","a fund, financed from fines paid by","infringers, supporting claimants","financially in order to get an indicative","verdict of the action for damages."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"97","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Andreas Schwab","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-98","location":[[" Proposal for a directive","Recital 44 a (new)"]],"meps":[28223],"meta":{"created":"2019-07-03T05:16:13"},"new":["(44a) Considering that the Directive will","substantially change the laws of many","Member States on civil litigation, in","particular as regards the disclosure of","evidence, an appropriate transitional","regime should be established in order to","deal with litigation matters already","pending prior to the entry into force of the","Directive. The laws of the Member States","adopted to implement the Directive should","therefore only apply to matters brought","before a national court after the date of","the entry into force of this Directive."],"old":["",""],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"98","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sharon Bowles","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-99","location":[["Proposal for a directive","Article 1 \u2013 paragraph 1"]],"meps":[33570],"meta":{"created":"2019-07-03T05:16:13"},"new":["1. This Directive sets out certain rules","necessary to ensure that anyone who has","suffered harm caused by an infringement","of Article 101 or 102 of the Treaty or of","national competition law by an","undertaking or group of undertakings,","can effectively exercise the right to claim","full compensation for that harm from those","infringing parties. It also sets out rules","fostering undistorted competition in the","internal market and removing obstacles to","its proper functioning by ensuring","equivalent protection throughout the Union","for anyone who has suffered such harm."],"old":["1. This Directive sets out certain rules","necessary to ensure that anyone who has","suffered harm caused by an infringement","of Article 101 or 102 of the Treaty or of","national competition law, can effectively","exercise the right to full compensation for","that harm. It also sets out rules fostering","undistorted competition in the internal","market and removing obstacles to its","proper functioning by ensuring equivalent","protection throughout the Union for anyone","who has suffered such harm."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"99","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sharon Bowles","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-100","location":[["Proposal for a directive","Article 2 \u2013 paragraph 1"]],"meps":[33570],"meta":{"created":"2019-07-03T05:16:13"},"new":["1. Anyone who has suffered harm caused","by an infringement of Union or national","competition law shall be able to claim full","compensation for that harm from the","infringing parties in either a direct or a","follow-on private case."],"old":["1. Anyone who has suffered harm caused","by an infringement of Union or national","competition law shall be able to claim full","compensation for that harm.",""],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"100","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Antol\u00edn S\u00e1nchez Presedo","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-101","location":[[" Proposal for a directive","Article 2 \u2013 paragraph 1"]],"meps":[28295],"meta":{"created":"2019-07-03T05:16:13"},"new":["1. Anyone who has suffered harm caused","by an infringement of Union or national","competition law shall be able to claim and","obtain full compensation for that harm."],"old":["1. Anyone who has suffered harm caused","by an infringement of Union or national","competition law shall be able to claim full","compensation for that harm."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"101","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Antol\u00edn S\u00e1nchez Presedo","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-102","location":[[" Proposal for a directive","Article 2 \u2013 paragraph 2"]],"meps":[28295],"meta":{"created":"2019-07-03T05:16:13"},"new":["2. Full compensation shall place anyone","who has suffered harm in the position in","which that person would have been had the","infringement not been committed. It shall","therefore include compensation for actual","loss, for loss of profit and for interest from","the time the harm occurred until the","compensation in respect of that harm has","actually been satisfied."],"old":["2. Full compensation shall place anyone","who has suffered harm in the position in","which that person would have been had the","infringement not been committed. It shall","therefore include compensation for actual","loss and for loss of profit, and payment of","interest from the time the harm occurred","until the compensation in respect of that","harm has actually been paid."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"102","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Diogo Feio","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-103","location":[["Proposal for a directive","Article 2 \u2013 paragraph 2"]],"meps":[96977],"meta":{"created":"2019-07-03T05:16:14"},"new":["2. Full compensation shall place anyone","who has suffered harm in the position in","which that person would have been had the","infringement not been committed. It shall","therefore include compensation for actual","loss and for loss of profit, and payment of","interest in respect of that harm has actually","been paid."],"old":["2. Full compensation shall place anyone","who has suffered harm in the position in","which that person would have been had the","infringement not been committed. It shall","therefore include compensation for actual","loss and for loss of profit, and payment of","interest from the time the harm occurred","until the compensation in respect of that","harm has actually been paid."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"103","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Andreas Schwab","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-104","justification":"This amendment replaces amendment 18 (draft report) for the sake of clarification.","location":[["Proposal for a directive","Article 2 \u2013 paragraph 2"]],"meps":[28223],"meta":{"created":"2019-07-03T05:16:14"},"new":["2. Full compensation shall place anyone","who has suffered harm in the position in","which that person would have been had the","infringement not been committed. It shall","therefore include compensation for actual","loss and for loss of profit and, according to","the national law provisions regarding the","payment of interest, payment of interest in","respect of that harm."],"old":["2. Full compensation shall place anyone","who has suffered harm in the position in","which that person would have been had the","infringement not been committed. It shall","therefore include compensation for actual","loss and for loss of profit, and payment of","interest from the time the harm occurred","until the compensation in respect of that","harm has actually been paid."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"104","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Andreas Schwab","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-105","justification":" The aim of this Directive is to ensure full compensation. The goal of deterrence lies with\n public enforcement. Therefore punitive damages or any other kind of damages leading to\n overcompensation have to be excluded.","location":[[" Proposal for a directive","Article 2 \u2013 paragraph 2 a (new)"]],"meps":[28223],"meta":{"created":"2019-07-03T05:16:14"},"new":["2a. Punitive damages, multiple damages","or other types of damages and sanctions","leading to overcompensation are","excluded."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"105","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Bas Eickhout on behalf of the Greens/EFA Group","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-106","location":[[" Proposal for a directive","Article 2 \u2013 paragraph 3"]],"meps":[96725],"meta":{"created":"2019-07-03T05:16:14"},"new":["3. Member States shall ensure that all","injured parties can proficiently and cost","effectively exercise their claims for","damages. Member States shall introduce","collective redress mechanisms based on","defined common principles for the","enforcement of Articles 101 and 102 of","the Treaty as stipulated in the","Commission Recommendation","2013/396/EU."],"old":["3. Member States shall ensure that injured","parties can effectively exercise their claims","for damages."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"106","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Antol\u00edn S\u00e1nchez Presedo","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-107","location":[["Proposal for a directive","Article 2 \u2013 paragraph 3"]],"meps":[28295],"meta":{"created":"2019-07-03T05:16:14"},"new":["3. Member States shall ensure that injured","parties, directly or through their","representatives can effectively exercise","their claims for damages, promote","injunctive measures and settle them","through consensual dispute resolution."],"old":["3. Member States shall ensure that injured","parties can effectively exercise their claims","for damages."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"107","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Arlene McCarthy","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-108","justification":"The option for claimants to bring forward collective redress procedures is vital to ensure\nvictims of infringements of competition policy in particular consumers and SME claimants,\nare able to have access to justice. Given the information imbalance and the difficulties\nassociated with bring forward redress actions, individual action is often burdensome and not\npossible. Collective redress is an essential part of this Directive as it allows claimants to pool\ntheir resources to ensure action is taken to receive damages for infringements.","location":[["Proposal for a directive","Article 2 \u2013 paragraph 3"]],"meps":[2173],"meta":{"created":"2019-07-03T05:16:14"},"new":["3. Member States shall ensure that injured","parties can effectively exercise their claims","for damages and shall make collective","redress procedures available for private","damages claims."],"old":["3. Member States shall ensure that injured","parties can effectively exercise their claims","for damages."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"108","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sophia in 't Veld","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-109","location":[[" Proposal for a directive","Article 2 \u2013 paragraph 3 a (new)"]],"meps":[28266],"meta":{"created":"2019-07-03T05:16:14"},"new":["3a. Member States shall introduce","collective redress mechanisms based on","defined common principles for the","enforcement of Articles 101 and 102 of","the Treaty as stipulated in the","Commission Recommendation","2013/396/EU."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"109","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sharon Bowles","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-110","justification":" Consumers shouldn't be placed in a worse position from taking follow-on action instead of\n direct action. Large public fines should not leave consumers unable to claim the appropriate\n compensation via a follow-on action as opposed to having taken a direct action.","location":[[" Proposal for a directive","Article 2 \u2013 paragraph 3 a (new)"]],"meps":[33570],"meta":{"created":"2019-07-03T05:16:14"},"new":["3a. The total level of fines and damages","paid should not be affected by whether the","competition authority action follows on","from or precedes private action.","Competition authorities shall link the total","level of fines and damages paid in both of","these instances, such as through the","deferral of a proportion of the fine when a","follow-on action is expected. However,","this should neither result in lengthy","uncertainty as regards settlement finality","for companies, nor affect the right of","individuals and undertakings to be","compensated for damage suffered."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"110","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sophia in 't Veld","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-111","location":[["Proposal for a directive","Article 4 \u2013 paragraph 1 \u2013 point 2 a (new)"]],"meps":[28266],"meta":{"created":"2019-07-03T05:16:14"},"new":["2a. 'collective redress' means: (i) a legal","mechanism that ensures a possibility to","claim cessation of illegal behaviour","collectively by two or more natural or","legal persons or by an entity entitled to","bring a representative action (injunctive","collective redress); (ii) a legal mechanism","that ensures a possibility to claim","compensation collectively by two or more","natural or legal persons claiming to have","been harmed in a mass harm situation or","by an entity entitled to bring a","representative action (compensatory","collective redress)"],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"111","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Bas Eickhout on behalf of the Greens/EFA Group","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-112","location":[["Proposal for a directive","Article 4 \u2013 paragraph 1 \u2013 point 2 a (new)"]],"meps":[96725],"meta":{"created":"2019-07-03T05:16:14"},"new":["2a. 'collective redress' means: (i) a legal","mechanism that ensures a possibility to","claim cessation of illegal behaviour","collectively by two or more natural or","legal persons or by an entity entitled to","bring a representative action (injunctive","collective redress); (ii) a legal mechanism","that ensures a possibility to claim","compensation collectively by two or more","natural or legal persons claiming to have","been harmed in a mass harm situation or","by an entity entitled to bring a","representative action (compensatory","collective redress)"],"old":[""],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"112","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sophia in 't Veld","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-113","location":[[" Proposal for a directive","Article 4 \u2013 paragraph 1 \u2013 point 3"]],"meps":[28266],"meta":{"created":"2019-07-03T05:16:14"},"new":["3. \u2018action for damages\u2019 means an action by","which a claim for damages is brought","before a national court;"],"old":["3. \u2018action for damages\u2019 means an action","under national law by which an injured","party brings a claim for damages before a","national court; it may also cover actions","by which someone acting on behalf of one","or more injured parties brings a claim for","damages before a national court, where","national law provides for this possibility;"],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"113","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Bas Eickhout on behalf of the Greens/EFA Group","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-114","location":[[" Proposal for a directive","Article 4 \u2013 paragraph 1 \u2013 point 3"]],"meps":[96725],"meta":{"created":"2019-07-03T05:16:15"},"new":["3. 'action for damages' means an action by","which a claim for damages is brought","before a national court;"],"old":["3. \u2018action for damages\u2019 means an action","under national law by which an injured","party brings a claim for damages before a","national court; it may also cover actions","by which someone acting on behalf of one","or more injured parties brings a claim for","damages before a national court, where","national law provides for this possibility;"],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"114","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Jean-Paul Gauz\u00e8s","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-115","location":[["Proposal for a directive","Article 4 \u2013 paragraph 1 \u2013 point 3"]],"meps":[28193],"meta":{"created":"2019-07-03T05:16:15"},"new":["3. \u2018action for damages\u2019 means an action","under national law by which an injured","party brings a claim for damages before a","national court;"],"old":["3. \u2018action for damages\u2019 means an action","under national law by which an injured","party brings a claim for damages before a","national court; it may also cover actions by","which someone acting on behalf of one or","more injured parties brings a claim for","damages before a national court, where","national law provides for this possibility;"],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"115","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Antol\u00edn S\u00e1nchez Presedo","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-116","location":[["Proposal for a directive","Article 4 \u2013 paragraph 1 \u2013 point 3"]],"meps":[28295],"meta":{"created":"2019-07-03T05:16:15"},"new":["3. 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A\ncollective redress mechanism would greatly enhance effective enforcement of competition law\nand increase consumer protection.","location":[[" Proposal for a directive","Article 4 \u2013 paragraph 1 \u2013 point 3 a (new)"]],"meps":[4274],"meta":{"created":"2019-07-03T05:16:15"},"new":["3a. 'collective redress' means: (i) a legal","mechanism that ensures a possibility to","claim cessation of illegal behaviour","collectively by two or more natural or","legal persons or by an entity entitled to","bring a representative action (injunctive","collective redress); (ii) a legal mechanism","that ensures a possibility to claim","compensation collectively by two or more","natural or legal persons claiming to have","been harmed in a mass harm situation or","by an entity entitled to bring a","representative action (compensatory","collective redress);"],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"118","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Antol\u00edn S\u00e1nchez Presedo","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-119","location":[["Proposal for a directive","Article 4 \u2013 paragraph 1 \u2013 point 3 b (new)"]],"meps":[28295],"meta":{"created":"2019-07-03T05:16:15"},"new":["3b. 'Minor and diffused damages","situation' means a mass harm situation","where the number of natural or legal","persons that have suffered damages","directly or indirectly is very extended and","the individual amount of the damage","discourages a relevant part of injured","parties to promote individual claims;"],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"119","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Antol\u00edn S\u00e1nchez Presedo","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-120","location":[["Proposal for a directive","Article 4 \u2013 paragraph 1 \u2013 point 3 c (new)"]],"meps":[28295],"meta":{"created":"2019-07-03T05:16:15"},"new":["3c. 'Cross border cases' means a mass","harm situation case where the harmful","event that caused damages resulting from","the same illegal competition activity","occurred in more than one Member State;"],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"120","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Antol\u00edn S\u00e1nchez Presedo","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-121","location":[[" Proposal for a directive","Article 4 \u2013 paragraph 1 \u2013 point 3 d (new)"]],"meps":[28295],"meta":{"created":"2019-07-03T05:16:15"},"new":["3d. 'European minor and diffused","damages situation' means a situation of","cross border minor and diffused damages","upon which the Commission is acting","under Chapter III of the Regulation","1/2003 \""],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"121","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Antol\u00edn S\u00e1nchez Presedo","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-122","location":[[" Proposal for a directive","Article 4 \u2013 paragraph 1 \u2013 point 4 a (new)"]],"meps":[28295],"meta":{"created":"2019-07-03T05:16:16"},"new":["4a. 'Group action' means a claim brought","jointly by two or more injured parties or","their representatives designed according","the law in a mass harm situation;"],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"122","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sharon Bowles","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-123","location":[[" Proposal for a directive","Article 4 \u2013 paragraph 1 \u2013 point 5"]],"meps":[33570],"meta":{"created":"2019-07-03T05:16:16"},"new":["5. \u2018injured party\u2019 means anyone who has","suffered harm as a result of anti-","competitive behaviour;"],"old":["5. \u2018injured party\u2019 means anyone who has a","claim for damages;"],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"123","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Diogo Feio","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-124","location":[["Proposal for a directive","Article 4 \u2013 paragraph 1 \u2013 point 9"]],"meps":[96977],"meta":{"created":"2019-07-03T05:16:16"},"new":["9. \u2018competition court\u2019 means a national","court that is empowered to review","decisions of a national competition","authority, in which context it may also","have the power to find an infringement of","Article 101 or 102 of the Treaty;"],"old":["9. \u2018review court\u2019 means a national court","that is empowered to review decisions of a","national competition authority, in which","context it may also have the power to find","an infringement of Article 101 or 102 of","the Treaty;"],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"124","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Diogo Feio","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-125","location":[["Proposal for a directive","Article 4 \u2013 paragraph 1 \u2013 point 11"]],"meps":[96977],"meta":{"created":"2019-07-03T05:16:16"},"new":["11. \u2018final\u2019 infringement decision means an","infringement decision of a competition","authority or competition court that can no","longer be reviewed;"],"old":["11. \u2018final\u2019 infringement decision means an","infringement decision of a competition","authority or review court that can no longer","be reviewed;"],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"125","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sharon Bowles","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-126","location":[["Proposal for a directive","Article 4 \u2013 paragraph 1 \u2013 point 12"]],"meps":[33570],"meta":{"created":"2019-07-03T05:16:16"},"new":["12. \u2018cartel\u2019 means two or more horizontal","competitors co-ordinating their behaviour","within a market to earn rents above those","possible under normal competition, or co-","ordinating their behaviour within a market","to exclude undertakings operating under","normal market conditions from gaining","market share, through practices such as,","inter alia, the fixing or coordination of","purchase or selling prices or other trading","conditions, abusive licensing practices, the","allocation of production or sales quotas, the","sharing of markets and customers,","including bid-rigging, restrictions of","imports or exports and/or anti-competitive","actions against other competitors;"],"old":["12. \u2018cartel\u2019 means an agreement and/or","concerted practice between two or more","competitors aimed at coordinating their","competitive behaviour on the market","","and/or influencing the relevant","parameters of competition, through","practices such as the fixing or coordination","of purchase or selling prices or other","trading conditions, the allocation of","production or sales quotas, the sharing of","markets and customers, including bid-","rigging, restrictions of imports or exports","and/or anti-competitive actions against","other competitors;"],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"126","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Antol\u00edn S\u00e1nchez Presedo","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-127","location":[[" Proposal for a directive","Article 4 \u2013 paragraph 1 \u2013 point 13"]],"meps":[28295],"meta":{"created":"2019-07-03T05:16:16"},"new":["13. 'leniency programme' means a","programme concerning the application of","Article 101 of the Treaty or the","corresponding provision under national","law on the basis of which a participant in a","secret cartel, independently of the other","undertakings involved in the cartel,","cooperates with an investigation of the","competition authority, by voluntarily","providing presentations of his knowledge","of the cartel and his role therein, in return","for which the participant receives","immunity from any fine to be imposed for","the cartel or a reduction of such fine;"],"old":["13. \u2018leniency programme\u2019 means a","programme on the basis of which a","participant in a secret cartel, independently","of the other undertakings involved in the","cartel, cooperates with an investigation of","the competition authority, by voluntarily","providing presentations of his knowledge","of the cartel and his role therein, in return","for which the participant receives","immunity from any fine to be imposed for","the cartel or a reduction of such fine;"],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"127","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sophia in 't Veld","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-128","location":[["Proposal for a directive","Article 4 \u2013 paragraph 1 \u2013 point 14"]],"meps":[28266],"meta":{"created":"2019-07-03T05:16:16"},"new":["deleted"],"old":["14. \u2018leniency corporate statement\u2019 means","an oral or written presentation voluntarily","provided by, or on behalf of, an","undertaking to a competition authority,","describing the undertaking's knowledge","of a secret cartel and its role therein,","which was drawn up specifically for","submission to the authority with a view to","obtaining immunity or a reduction of","fines under a leniency programme","concerning the application of Article 101","of the Treaty or the corresponding","provision under national law; this does","not include documents or information","that exist irrespective of the proceedings","of a competition authority (\u2018pre-existing","information\u2019);"],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"128","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Antol\u00edn S\u00e1nchez Presedo","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-129","location":[["Proposal for a directive","Article 4 \u2013 paragraph 1 \u2013 point 14"]],"meps":[28295],"meta":{"created":"2019-07-03T05:16:16"},"new":["14. 'leniency corporate statement' means","an oral, written or any other presentation","voluntarily provided by, or on behalf of, an","undertaking to a competition authority,","describing the undertaking's knowledge of","a secret cartel and its role therein, which","was drawn up specifically for submission","to the authority with a view to obtaining","immunity or a reduction of fines under a","leniency programme concerning the","application of Article 101 of the Treaty or","the corresponding provision under national","law; this does not include documents or","information that exist irrespective of the","proceedings of a competition authority","('pre-existing information');"],"old":["14. \u2018leniency corporate statement\u2019 means","an oral or written presentation voluntarily","provided by, or on behalf of, an","undertaking to a competition authority,","describing the undertaking's knowledge of","a secret cartel and its role therein, which","was drawn up specifically for submission","to the authority with a view to obtaining","immunity or a reduction of fines under a","leniency programme concerning the","application of Article 101 of the Treaty or","the corresponding provision under national","law; this does not include documents or","","information that exist irrespective of the","proceedings of a competition authority","(\u2018pre-existing information\u2019);"],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"129","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sharon Bowles","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-130","justification":" Amendment for legal clarity. Leniency corporate statements are those given voluntarily.\n Information requested by the competition authority, such as in RFIs, should not be included.","location":[[" Proposal for a directive","Article 4 \u2013 paragraph 1 \u2013 point 14"]],"meps":[33570],"meta":{"created":"2019-07-03T05:16:16"},"new":["14. \u2018leniency corporate statement\u2019 means","an oral or written presentation voluntarily","provided by, or on behalf of, an","undertaking to a competition authority,","describing the undertaking's knowledge of","a secret cartel and its role therein, which","was drawn up specifically for submission","to the authority with a view to obtaining","immunity or a reduction of fines under a","leniency programme concerning the","application of Article 101 of the Treaty or","the corresponding provision under national","law; this does not include documents or","information that exist irrespective of the","proceedings of a competition authority","(\u2018pre-existing information\u2019) or any","information given at the request of a","competition authority;"],"old":["14. \u2018leniency corporate statement\u2019 means","an oral or written presentation voluntarily","provided by, or on behalf of, an","undertaking to a competition authority,","describing the undertaking's knowledge of","a secret cartel and its role therein, which","was drawn up specifically for submission","to the authority with a view to obtaining","immunity or a reduction of fines under a","leniency programme concerning the","application of Article 101 of the Treaty or","the corresponding provision under national","law; this does not include documents or","information that exist irrespective of the","proceedings of a competition authority","(\u2018pre-existing information\u2019);"],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"130","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Diogo Feio","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-131","location":[["Proposal for a directive","Article 4 \u2013 paragraph 1 \u2013 point 14"]],"meps":[96977],"meta":{"created":"2019-07-03T05:16:16"},"new":["14. \u2018leniency corporate statement\u2019 means","an oral or written presentation voluntarily","provided by, or on behalf of, an applicant","to a competition authority, describing the","applicant's knowledge of a secret cartel","and its role therein, which was drawn up","specifically for submission to the authority","with a view to obtaining immunity or a","reduction of fines under a leniency","programme concerning the application of","Article 101 of the Treaty or the","corresponding provision under national","law; 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'consensual settlement' means an","agreement whereby damages are","compensated following a consensual","dispute resolution."],"old":["17. \u2018consensual settlement\u2019 means an","agreement whereby damages are paid","following a consensual dispute resolution."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"134","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Andreas Schwab","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-135","justification":"Safeguards have to be included to prevent abusive litigation, which has no added value and\nmight even harm injured parties. The loser-pays-principle must apply and lawyers shall not\nhave financial interest in the outcome, as this might incentivize unnecessary and costful\nlitigation.","location":[[" Proposal for a directive","Article 4 a (new)"]],"meps":[28223],"meta":{"created":"2019-07-03T05:16:16"},"new":["Article 4 a","Safeguards","1. Member States shall ensure that the","unsuccessful party in an action for","damages shall reimburse the reasonable","legal costs, which arose for the winning","party ('loser pays principle').","2. Member States shall ensure that the","lawyers' remuneration in an action for","damages does not create any incentive to","litigation that is unnecessary from the","point of view of the interest of any of the","parties. In particular, contingency fees,","conditional fees and any other fees","calculated on the basis of the amount of","the settlement reached or damages","awarded to the claimant, or the payment","of which depends on the outcome of the","case shall not be allowed."],"old":[""],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"135","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Antol\u00edn S\u00e1nchez Presedo","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-136","location":[["Proposal for a directive","Article 4 a (new)"]],"meps":[28295],"meta":{"created":"2019-07-03T05:16:16"},"new":["Article 4 a","Chapter Ib - Cross Border Cases"],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"136","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Antol\u00edn S\u00e1nchez Presedo","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-137","location":[[" Proposal for a directive","Article 4 b (new)"]],"meps":[28295],"meta":{"created":"2019-07-03T05:16:16"},"new":["Article 4 b","Single Forum","Member States shall ensure that, where","disputes concern natural or legal persons","from several Member States in cross","border cases, a single forum is not","prevented by national rules on","admissibility or standing of the foreign","claimants or representatives originating","from other national legal system."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"137","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Antol\u00edn S\u00e1nchez Presedo","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-138","location":[[" Proposal for a directive","Article 4 c (new)"]],"meps":[28295],"meta":{"created":"2019-07-03T05:16:16"},"new":["Article 4 c","Recognition of national representatives","1. Member States shall ensure that in","cross border cases any representative","designated in advance according the law","from other Member State to have standing","to bring representative actions shall be","permitted to seize the court in the Member","State having jurisdiction to consider the","mass harm situation."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"138","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Antol\u00edn S\u00e1nchez Presedo","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-139","location":[["Proposal for a directive","Article 4 d (new)"]],"meps":[28295],"meta":{"created":"2019-07-03T05:16:16"},"new":["Article 4 d","Chapter Ic - Group Actions"],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"139","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Antol\u00edn S\u00e1nchez Presedo","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-140","location":[["Proposal for a directive","Article 4 e (new)"]],"meps":[28295],"meta":{"created":"2019-07-03T05:16:16"},"new":["Article 4 e","Group Actions","1. Member States shall ensure that a","representative designed according to the","law may claim compensation on behalf of","two or more injured parties.","2. Member States shall allow at least","Group Actions brought forward in the","name and on behalf of natural or legal","persons who claim to be exposed to the","risk of suffering harm or to have been","harmed whereas those persons are not","parties to the proceedings by:","a) A representative designed by a","collective of injured parties formed on the","basis of the opt in principle;","b) A public authority entitled to claim on","behalf the injured parties in cases of","minor and diffused damages.","3. Member States may also allow","representative entities to bring group","actions where the following requirements","are met:","a) the entity has a non-profit making","character","b) there is a direct relationship between","the main objectives of the entity and the","rights granted under Union law that are","claimed to have been violated in respect of","which the action is brought; and","c) the entity has a sufficient capacity in","terms of financial resources, human","resources, and legal expertise, to","represent multiple claimants acting in","their best interest.","4. Member States shall ensure that","national courts rule on group actions only","after that a competition authority has","found a violation of Union law. This does","not prevent the possibility of injunctive","actions or the consensual settlement of","disagreements by the group","representatives.","5. Member States must ensure that any","claimant is free to leave the claimant","party at any time before the final","judgment is given or the case is otherwise,","validly settled, subject to the same","conditions that apply to withdrawal in","individual actions, without be deprived of","the possibility to pursue its claims in","another form, it this does not undermine","sound administration of justice.","6. Natural or legal persons claiming to","have been harmed in the same mass","harms situation shall be able to join the","claimant party at any time before the","judgment is given or the case is otherwise","validly settled, if this does not undermine","the sound administration of justice.","7. The compensation awarded to natural","or legal persons harmed in a mass harm","situation, shall not exceed the","compensation that would have been","awarded, if the claim had been pursued by","means of individual actions. In particular,","punitive damages or any other formula,","leading to overcompensation in favour of","the claimant party of the damage suffered,","shall be prohibited.","8. Member States shall ensure that the","lawyers' remuneration and the method by","which it is calculated do not create any","incentive to litigation that is unnecessary","from the point of view of the interest of","any of the parties. Member States shall, in","principle, not permit contingency fees","which risk creating such an incentive.","Where Member States exceptionally allow","for contingency fees, they shall provide","for appropriate national regulation of","those fees in collective redress cases","taking into account in particular the right","to full compensation of the members of","the claimant party.","9. Member States shall establish a","national registry of group actions. The","national registry shall be available free of","charge to any interested person through","electronic means and otherwise. Websites","publishing the registries shall provide","access to comprehensive and objective","information on the available methods of","obtaining compensation, including out of","court methods. The European","Commission shall assist the Member","States in their endeavour to ensure","coherence of the information gathered in","the registries and their interoperability."],"old":["",""],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"140","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Antol\u00edn S\u00e1nchez Presedo","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-141","location":[["Proposal for a directive","Article 4 f (new)"]],"meps":[28295],"meta":{"created":"2019-07-03T05:16:16"},"new":["Article 4 f","Public Representative Actions","Member States shall ensure that at least","one public authority is entitled to bring","forward a group action behalf of natural","or legal persons who claim to be exposed","to the risk of suffering harm or to have","been harmed in a minor and diffused","damages situation."],"old":["",""],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"141","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Antol\u00edn S\u00e1nchez Presedo","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-142","location":[[" Proposal for a directive","Article 4 g (new)"]],"meps":[28295],"meta":{"created":"2019-07-03T05:16:16"},"new":["Article 4 g","European Public Representative Action","The Commission, at its own initiative or at","the request of the Council, the European","Parliament, the European Competition","Network or the Member States affected,","may command an European public","representative, that may be designated on","ad hoc basis, to bring in close cooperation","with the concerned national authorities a","group action before a single forum in","cases of cross border mass harm and,","particularly, of European minor and","diffused damages situations. This should","be without prejudice to and independently","from its role in the public enforcement of","Competition policy."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"142","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sharon Bowles","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-143","location":[["Proposal for a directive","Article 5 \u2013 paragraph 1 \u2013 subparagraph 1"]],"meps":[33570],"meta":{"created":"2019-07-03T05:16:17"},"new":["Member States shall ensure that, where a","claimant has presented a reasoned","justification containing available facts and","evidence showing plausible grounds for","suspecting that he, or those he represents,","has suffered harm caused by the","defendant's infringement of competition","law, national courts can order the","defendant or a third party to disclose","evidence, regardless of whether or not this","evidence is also included in the file of a","competition authority, subject to the","conditions set out in this Chapter. Member","States shall ensure that courts are also able","to order the claimant or a third party to","disclose evidence on request of the","defendant."],"old":["Member States shall ensure that, where a","claimant has presented reasonably","available facts and evidence showing","plausible grounds for suspecting that he, or","those he represents, has suffered harm","caused by the defendant's infringement of","competition law, national courts can order","the defendant or a third party to disclose","evidence, regardless of whether or not this","evidence is also included in the file of a","competition authority, subject to the","conditions set out in this Chapter. Member","States shall ensure that courts are also able","to order the claimant or a third party to","disclose evidence on request of the","defendant."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"143","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sharon Bowles","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-144","location":[["Proposal for a directive","Article 5 \u2013 paragraph 2 \u2013 point a"]],"meps":[33570],"meta":{"created":"2019-07-03T05:16:17"},"new":["(a) provided a reasoned justification that","evidence in the control of the other party or","a third party is relevant in terms of","substantiating his claim or defence; and"],"old":["(a) shown that evidence in the control of","the other party or a third party is relevant in","terms of substantiating his claim or","defence; and"],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"144","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sharon Bowles","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-145","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 2 \u2013 point b"]],"meps":[33570],"meta":{"created":"2019-07-03T05:16:17"},"new":["(b) specified in the reasoned justification","either pieces of this evidence or categories","of this evidence defined as precisely and","narrowly as he can on the basis of","reasonably available facts."],"old":["(b) specified either pieces of this evidence","or categories of this evidence defined as","precisely and narrowly as he can on the","basis of reasonably available facts."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"145","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Derk Jan Eppink","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-146","justification":"The proposed regime is not only different from several national regimes of disclosure of\nevidence, the proposed regime is also different from Directive 2004/48/EC. Therefore the\nproportionality test needs to be removed.","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 3"]],"meps":[97133],"meta":{"created":"2019-07-03T05:16:17"},"new":["deleted"],"old":["3. Member States shall ensure that","national courts limit disclosure of","evidence to that which is proportionate. In","determining whether any disclosure","requested by a party is proportionate,","national courts shall consider the","legitimate interests of all parties and third","parties concerned. They shall, in","particular, consider:","(a) the likelihood that the alleged","infringement of competition law","occurred;","(b) the scope and cost of disclosure,","especially for any third parties concerned;","(c) whether the evidence to be disclosed","contains confidential information,","especially concerning any third parties,","and the arrangements for protecting such","confidential information; and","(d) in cases where the infringement is","being or has been investigated by a","competition authority, whether the request","has been formulated specifically with","","regard to the nature, object or content of","such documents rather than by a non-","specific request concerning documents","submitted to a competition authority or","held in the file of such competition","authority."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"146","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sharon Bowles","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-147","location":[["Proposal for a directive","Article 5 \u2013 paragraph 3 \u2013 point c"]],"meps":[33570],"meta":{"created":"2019-07-03T05:16:17"},"new":["(c) whether the evidence to be disclosed","contains confidential information,","especially concerning any third parties, and","the arrangements for protecting such","confidential information;"],"old":["(c) whether the evidence to be disclosed","contains confidential information,","especially concerning any third parties, and","the arrangements for protecting such","confidential information; and"],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"147","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sharon Bowles","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-148","location":[["Proposal for a directive","Article 5 \u2013 paragraph 3 \u2013 point d"]],"meps":[33570],"meta":{"created":"2019-07-03T05:16:17"},"new":["(d) in cases where the infringement is","being or has been investigated by a","competition authority, whether the request","has been formulated specifically with","regard to the nature, object or content of","such documents rather than by a non-","specific request concerning documents","submitted to a competition authority or","held in the file of such competition","authority; and"],"old":["(d) in cases where the infringement is","being or has been investigated by a","competition authority, whether the request","has been formulated specifically with","","","regard to the nature, object or content of","such documents rather than by a non-","specific request concerning documents","submitted to a competition authority or","held in the file of such competition","authority."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"148","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sharon Bowles","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-149","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 3 \u2013 point d a (new)"]],"meps":[33570],"meta":{"created":"2019-07-03T05:16:17"},"new":["(da) the existence of any leniency","corporate statements."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"149","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Derk Jan Eppink","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-150","justification":"National legal privileges should remain unaffected.","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 4"]],"meps":[97133],"meta":{"created":"2019-07-03T05:16:17"},"new":["deleted"],"old":["4. Member States shall ensure that","national courts have at their disposal","effective measures to protect confidential","information from improper use to the","greatest extent possible whilst also","ensuring that relevant evidence","containing such information is available","in the action for damages."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"150","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Diogo Feio","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-151","location":[["Proposal for a directive","Article 5 \u2013 paragraph 4"]],"meps":[96977],"meta":{"created":"2019-07-03T05:16:17"},"new":["4. Member States shall ensure that national","courts have at their disposal effective","measures to protect confidential","information from improper use whilst also","ensuring that relevant evidence containing","such information is available in the action","for damages."],"old":["4. Member States shall ensure that national","courts have at their disposal effective","measures to protect confidential","information from improper use to the","greatest extent possible whilst also","ensuring that relevant evidence containing","such information is available in the action","for damages."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"151","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sharon Bowles","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-152","location":[["Proposal for a directive","Article 5 \u2013 paragraph 5"]],"meps":[33570],"meta":{"created":"2019-07-03T05:16:17"},"new":["5. Member States shall take the necessary","measures to give effect to legal privileges","and other rights not to be compelled to","disclose evidence.","However, where a claimant has presented","reasonably available facts and evidence","sufficient to support plausibly that he, or","those he represents, has suffered harm","caused by the defendant's infringement of","competition rules and that documents","containing self-incriminating evidence","are indispensable to supporting their","claim and contains evidence that cannot","be otherwise provided, national courts","may order the defendant or a third party","to disclose evidence. Member states shall","ensure that national courts are also able","to order the claimant or a third party to","disclose evidence on request of the","defendant.","This provision shall be without prejudice","to the rights and obligations of national","courts under Council Regulation","(EC)1206/2001."],"old":["5. Member States shall take the necessary","measures to give full effect to legal","privileges and other rights not to be","compelled to disclose evidence.",""],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"152","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Derk Jan Eppink","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-153","justification":" National legal privileges should remain unaffected.","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 5"]],"meps":[97133],"meta":{"created":"2019-07-03T05:16:17"},"new":["5. Member States shall give full effect to","professional legal privileges under","national and European law and other","rights not to be compelled to disclose","evidence."],"old":["5. Member States shall take the necessary","measures to give full effect to legal","privileges and other rights not to be","compelled to disclose evidence."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"153","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Diogo Feio","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-154","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 5"]],"meps":[96977],"meta":{"created":"2019-07-03T05:16:17"},"new":["5. Member States shall give full effect to","legal privileges and other rights not to be","compelled to disclose evidence."],"old":["5. Member States shall take the necessary","","measures to give full effect to legal","privileges and other rights not to be","compelled to disclose evidence."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"154","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Antol\u00edn S\u00e1nchez Presedo","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-155","location":[["Proposal for a directive","Article 5 \u2013 paragraph 6"]],"meps":[28295],"meta":{"created":"2019-07-03T05:16:17"},"new":["6. Member States shall ensure that, to the","extent that their courts have powers to","order disclosure without hearing the person","from whom disclosure is sought, except in","cases of justified urgency no penalty for","non-compliance with such an order may be","imposed until the addressee of such an","order has been heard by the court."],"old":["6. Member States shall ensure that, to the","extent that their courts have powers to","order disclosure without hearing the person","from whom disclosure is sought, no","penalty for non-compliance with such an","order may be imposed until the addressee","of such an order has been heard by the","court."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"155","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Arlene McCarthy","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-156","justification":" The Directive aims to encourage consensual settlement of disputes. However, due to the\n information imbalance the claimant is often unable to quantify the amount of damage or loss\n suffered and therefore consensual settlement is rendered more difficult. Pre-litigation\n disclosure by National Competition Authorities, the European Commission or the alleged\n infringer is necessary to ensure the claimant can at least approximate the damage or loss\n incurred without having to go to court.","location":[["Proposal for a directive","Article 5 \u2013 paragraph 7 a (new)"]],"meps":[2173],"meta":{"created":"2019-07-03T05:16:17"},"new":["7a. Member States shall ensure that for","the purposes of facilitating amicable","negotiations, potential claimants are able","to obtain evidence regarding quantum of","loss from the competition authority and","the defendant without any obligation to","undertake judicial action."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"156","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sophia in 't Veld","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-157","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 1"]],"meps":[28266],"meta":{"created":"2019-07-03T05:16:18"},"new":["deleted"],"old":["1. Member States shall ensure that, for","the purpose of actions for damages,","national courts cannot at any time order a","party or a third party to disclose any of the","following categories of evidence:","(a) leniency corporate statements; and","(b) settlement submissions."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"157","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Andreas Schwab","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-158","justification":"This AM replaces AM 29 (draft report). Leniency programmes are the most efficient tool in\ndetecting anticompetitive agreements. If there is no or little detection of anticompetitive\nbehaviour, there are ultimately no or fewer victims to compensate. Thus documents brought\nforward by the applicant need to be protected to safeguard sufficient incentives of the\nleniency programme while providing for a per-se protection is incompatible with primary law\n(DonauChemie).","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 1 \u2013 introductory part"]],"meps":[28223],"meta":{"created":"2019-07-03T05:16:18"},"new":["1. Member States shall ensure that, for the","purpose of actions for damages, national","courts cannot, in principle, order a party or","a third party to disclose leniency","statements or any other document","disclosed for the purposes of participating","in a leniency programme or in a","settlement procedure by the applicant for","leniency and submitted to a competition","authority or drawn up by the competition","authority during its proceedings.","However, where a claimant has presented","reasonably available facts and evidence","sufficient to support plausibly that he, or","those he represents, has suffered harm","caused by the defendant's infringement of","the competition rules and that the","leniency statement or any other document","disclosed for the purposes of participating","in a leniency programme or in a","settlement procedure by the applicant for","leniency and submitted to a competition","authority or drawn up by the competition","authority during its proceedings is","indispensable to supporting their claim","and contains evidence that cannot be","otherwise provided, national courts may","order the defendant or a third party to","disclose evidence, regardless of whether","or not that evidence is also included in the","file of the competition authority, subject to","the conditions set out in this Chapter.","Member States shall ensure that national","courts are also able to order the claimant","or a third party to disclose evidence on","request of the defendant.","This provision is without prejudice to the","rights and obligations of national courts","under Council Regulation (EC) No","1206/2001."],"old":["1. Member States shall ensure that, for the","purpose of actions for damages, national","courts cannot at any time order a party or a","third party to disclose any of the following","categories of evidence:",""],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"158","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sharon Bowles","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-159","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 1 \u2013 introductory part"]],"meps":[33570],"meta":{"created":"2019-07-03T05:16:18"},"new":["1. Member States shall ensure that, for the","purpose of actions for damages, national","courts cannot as a general requirement","order a party or a third party to disclose","leniency corporate statements."],"old":["1. Member States shall ensure that, for the","purpose of actions for damages, national","courts cannot at any time order a party or a","third party to disclose any of the following","categories of evidence:"],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"159","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sharon Bowles","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-160","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 1 \u2013 point a"]],"meps":[33570],"meta":{"created":"2019-07-03T05:16:18"},"new":["deleted"],"old":["(a) leniency corporate statements; and"],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"160","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Olle Schmidt","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-161","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 1 \u2013 point a"]],"meps":[4274],"meta":{"created":"2019-07-03T05:16:18"},"new":["(a) all newly produced incriminating","documents provided by a leniency","applicant; and"],"old":["(a) leniency corporate statements; and"],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"161","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Bas Eickhout","changes":{},"committee":["ECON"],"compromise":["on behalf of the Greens/EFA Group"],"date":"2013-11-08T00:00:00","id":"PE521.623-162","justification":"The information imbalance between claimants for damages and defendant companies access\nto evidence, can be the one factor in choosing whether to take the case to court. To achieve\nthis, only the leniency corporate statement of the first whistle blower should be protected\nagainst disclosure. In addition, the annexes should remain available, as they often contain\ninformation regarding the quantum of loss/damage indispensable in damages action. The AM\nis based on a proposal from BEUC","location":[["Proposal for a directive","Article 6 \u2013 paragraph 1 \u2013 point a"]],"meps":[96725],"meta":{"created":"2019-07-03T05:16:18"},"new":["(a) leniency corporate statements; (without","the annexes) of the first leniency","applicant; and"],"old":["(a) leniency corporate statements; and"],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"162","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Arlene McCarthy","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-163","justification":"Given the significant information in place that exists between claimants for damages and\ndefendant claimant companies, access to evidence is a vital deciding factor in whether the\ncase is taken to court. Access to evidence must therefore not be overly limited. Only the\nleniency statement of the first whistle blower should be protected and the annexes to the\nstatement, which often contain information on the quantum of loss/damage, should be\ndisclosed.","location":[["Proposal for a directive","Article 6 \u2013 paragraph 1 \u2013 point a"]],"meps":[2173],"meta":{"created":"2019-07-03T05:16:18"},"new":["(a) leniency corporate statements (not","including the annexes) of the first","leniency applicant ; and"],"old":["(a) leniency corporate statements; and"],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"163","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Diogo Feio","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-164","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 1 \u2013 point a"]],"meps":[96977],"meta":{"created":"2019-07-03T05:16:18"},"new":["(a) statements from leniency applicants;","and"],"old":["(a) leniency corporate statements; and"],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"164","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sharon Bowles","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-165","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 1 \u2013 point b"]],"meps":[33570],"meta":{"created":"2019-07-03T05:16:18"},"new":["deleted"],"old":["(b) settlement submissions."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"165","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Antol\u00edn S\u00e1nchez Presedo","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-166","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 1 \u2013 point b a (new)"]],"meps":[28295],"meta":{"created":"2019-07-03T05:16:18"},"new":["(ba) However, where a claimant has","presented reasonably available facts and","evidence showing plausibly that certain","data or information pertaining to any","document of such categories which","cannot be otherwise provided is","indispensable for determining the damage","and supporting its claim, national courts,","where the pretension of the claimant is","well founded prima facie, shall be able to:","(a) access and analyse such document;","(b) hear the interested parties in the","possession of it; and","(c) order the limited disclosure of the","relevant data or parts of the document","concerned which are strictly needed to","provide the claimant with the level of","information required for that purpose","under appropriate conditions which","protect the public interest and confidential","information."],"old":[""],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"166","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sharon Bowles","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-167","location":[["Proposal for a directive","Article 6 \u2013 paragraph 2 \u2013 introductory part"]],"meps":[33570],"meta":{"created":"2019-07-03T05:16:18"},"new":["2. Member States shall ensure that, for the","purpose of actions for damages, national","courts can order the disclosure of the","following only after a competition","authority has closed its proceedings or","taken a decision referred to in Article 5 of","Regulation No 1/2003 or in Chapter III of","Regulation No 1/2003:"],"old":["2. Member States shall ensure that, for the","purpose of actions for damages, national","courts can order the disclosure of the","following categories of evidence only after","a competition authority has closed its","proceedings or taken a decision referred to","in Article 5 of Regulation No 1/2003 or in","Chapter III of Regulation No 1/2003:"],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"167","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Kri\u0161j\u0101nis Kari\u0126\u0161","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-168","location":[["Proposal for a directive","Article 6 \u2013 paragraph 2 \u2013 point b"]],"meps":[96901],"meta":{"created":"2019-07-03T05:16:18"},"new":["deleted"],"old":["(b) information that was drawn up by a","competition authority in the course of its","proceedings."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"168","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Diogo Feio","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-169","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 2 \u2013 point b"]],"meps":[96977],"meta":{"created":"2019-07-03T05:16:18"},"new":["(b) information that was drawn up by a","competition authority in the course of its","proceedings and was included in the file","of a competition authority."],"old":["(b) information that was drawn up by a","competition authority in the course of its","proceedings."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"169","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sharon Bowles","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-170","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 2 \u2013 point b a (new)"]],"meps":[33570],"meta":{"created":"2019-07-03T05:16:18"},"new":["(ba) settlement submissions and","withdrawn offers."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"170","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sharon Bowles","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-171","justification":"Amendment for legal clarity, to ensure that pre-existing information is not protected.","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 3"]],"meps":[33570],"meta":{"created":"2019-07-03T05:16:18"},"new":["3. Disclosure of evidence in the file of a","competition authority that is not covered","under paragraphs 1 and 2 of this Article","may be ordered in actions for damages at","any time, including evidence that exists","irrespective of the proceedings of a","competition authority."],"old":["3. Disclosure of evidence in the file of a","competition authority that does not fall","into any of the categories listed in","paragraphs 1 or 2 of this Article may be","ordered in actions for damages at any time."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"171","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sophia in 't Veld","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-172","location":[["Proposal for a directive","Article 6 \u2013 paragraph 3"]],"meps":[28266],"meta":{"created":"2019-07-03T05:16:18"},"new":["3. Disclosure of evidence in the file of a","competition authority that does not fall into","any of the categories listed in paragraph 2","of this Article may be ordered in actions","for damages at any time."],"old":["3. Disclosure of evidence in the file of a","competition authority that does not fall into","any of the categories listed in paragraphs 1","or 2 of this Article may be ordered in","actions for damages at any time."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"172","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Andreas Schwab","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-173","justification":" This AM replaces AM 41 (draft report). Leniency programmes are the most efficient tool in\n detecting anticompetitive agreements. If there is no or little detection of anticompetitive\n behaviour, there are ultimately no or fewer victims to compensate. Documents need to be\n protected to safeguard sufficient incentives of the leniency programme. Therefore parties in\n possession of these need to be heard before a national court orders disclosure.","location":[["Proposal for a directive","Article 6 \u2013 paragraph 3 a (new)"]],"meps":[28223],"meta":{"created":"2019-07-03T05:16:19"},"new":["(3a) Member States shall ensure that","interested parties in possession of a","leniency statement or any other document","disclosed for the purposes of participating","in a leniency programme or in a","settlement procedure by the applicant for","leniency and submitted to a competition","authority or drawn up by the competition","authority during its proceedings are heard","before a national court orders disclosure","under this Article regarding information","derived from the specified documents."],"old":[""],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"173","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sophia in 't Veld","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-174","location":[[" Proposal for a directive","Article 7 \u2013 paragraph 1"]],"meps":[28266],"meta":{"created":"2019-07-03T05:16:19"},"new":["deleted"],"old":["1. Member States shall ensure that","evidence falling into one of the categories","listed in Article 6(1) which is obtained by","a natural or legal person solely through","access to the file of a competition","authority in exercise of his rights of","defence under Article 27 of Regulation","No 1/2003 or corresponding provisions of","national law is not admissible in actions","for damages."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"174","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sharon Bowles","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-175","location":[["Proposal for a directive","Article 7 \u2013 paragraph 1"]],"meps":[33570],"meta":{"created":"2019-07-03T05:16:19"},"new":["1. Member States shall ensure that","evidence listed in Article 6(1) which is","obtained by a natural or legal person solely","through access to the file of a competition","authority in exercise of his rights of","defence under Article 27 of Regulation No","1/2003 or corresponding provisions of","national law is not admissible in actions for","damages."],"old":["1. Member States shall ensure that","evidence falling into one of the categories","listed in Article 6(1) which is obtained by a","natural or legal person solely through","access to the file of a competition authority","in exercise of his rights of defence under","Article 27 of Regulation No 1/2003 or","corresponding provisions of national law is","not admissible in actions for damages."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"175","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Diogo Feio","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-176","location":[["Proposal for a directive","Article 7 \u2013 paragraph 1"]],"meps":[96977],"meta":{"created":"2019-07-03T05:16:19"},"new":["1. Member States shall ensure that","evidence falling into one of the categories","listed in Article 6(1) which is obtained by a","natural or legal person solely through","access to the file of a competition authority","in exercise of his rights under Article 27 of","Regulation No 1/2003 or corresponding","provisions of national law is not admissible","in actions for damages."],"old":["1. Member States shall ensure that","evidence falling into one of the categories","listed in Article 6(1) which is obtained by a","natural or legal person solely through","access to the file of a competition authority","in exercise of his rights of defence under","Article 27 of Regulation No 1/2003 or","corresponding provisions of national law is","not admissible in actions for damages."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"176","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sharon Bowles","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-177","location":[["Proposal for a directive","Article 7 \u2013 paragraph 2"]],"meps":[33570],"meta":{"created":"2019-07-03T05:16:19"},"new":["2. Member States shall ensure that","evidence listed in Article 6, paragraph 2","which is obtained by a natural or legal","person solely through access to the file of a","competition authority in exercise of his","rights of defence under Article 27 of","Regulation No 1/2003 or corresponding","provisions of national law is not admissible","in actions for damages until that","competition authority has closed its","proceedings or taken a decision referred to","in Article 5 of Regulation No 1/2003 or in","Chapter III of Regulation No 1/2003."],"old":["2. Member States shall ensure that","evidence falling within one of the","categories listed in Article 6, paragraph 2","which is obtained by a natural or legal","person solely through access to the file of a","competition authority in exercise of his","rights of defence under Article 27 of","Regulation No 1/2003 or corresponding","provisions of national law is not admissible","in actions for damages until that","competition authority has closed its","proceedings or taken a decision referred to","in Article 5 of Regulation No 1/2003 or in","Chapter III of Regulation No 1/2003."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"177","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Diogo Feio","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-178","location":[[" Proposal for a directive","Article 7 \u2013 paragraph 2"]],"meps":[96977],"meta":{"created":"2019-07-03T05:16:19"},"new":["2. Member States shall ensure that","evidence falling within one of the","categories listed in Article 6, paragraph 2","which is obtained by a natural or legal","person solely through access to the file of a","competition authority in exercise of his","rights under Article 27 of Regulation No","1/2003 or corresponding provisions of","national law is not admissible in actions for","damages until that competition authority","has closed its proceedings or taken a","decision referred to in Article 5 of","Regulation No 1/2003 or in Chapter III of","Regulation No 1/2003."],"old":["2. Member States shall ensure that","evidence falling within one of the","categories listed in Article 6, paragraph 2","which is obtained by a natural or legal","person solely through access to the file of a","competition authority in exercise of his","rights of defence under Article 27 of","Regulation No 1/2003 or corresponding","provisions of national law is not admissible","in actions for damages until that","competition authority has closed its","proceedings or taken a decision referred to","in Article 5 of Regulation No 1/2003 or in","Chapter III of Regulation No 1/2003."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"178","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sophia in 't Veld","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-179","location":[["Proposal for a directive","Article 7 \u2013 paragraph 3"]],"meps":[28266],"meta":{"created":"2019-07-03T05:16:19"},"new":["3. Member States shall ensure that","evidence which is obtained by a natural or","legal person solely through access to the","file of a competition authority in exercise","of his rights of defence under Article 27 of","Regulation No 1/2003 or corresponding","provisions of national law, and which is","not inadmissible pursuant to paragraph 2","of this Article, can only be used in an","action for damages by that person or by the","natural or legal person that succeeded in","his rights, including the person that","acquired his claim."],"old":["3. Member States shall ensure that","evidence which is obtained by a natural or","legal person solely through access to the","file of a competition authority in exercise","of his rights of defence under Article 27 of","Regulation No 1/2003 or corresponding","provisions of national law, and which is","not inadmissible pursuant to paragraphs 1","or 2 of this Article, can only be used in an","action for damages by that person or by the","natural or legal person that succeeded in","his rights, including the person that","acquired his claim."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"179","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Olle Schmidt","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-180","justification":" Even though there exists competition cases made possible through only a whistle-blower there\n is no specific reference to this in the proposed directive. The protection of whistle-blowers\n only concerns the identity of the whistle-blower, and not the information provided. To ensure\n predictability and equivalent ruling personal data should be added to the directive. Today the\n identity of whistle-blowers are protected under Members State law.","location":[["Proposal for a directive","Article 7 a (new)"]],"meps":[4274],"meta":{"created":"2019-07-03T05:16:19"},"new":["Article 7 a","Protection of whistle-blowers","1. Any person who has reasonable","grounds to believe that a company has","committed or intends to commit an","offence under this Union competition law,","may notify a competition authority of the","particulars of the matter and may request","that his or her identity be kept","confidential with respect to the","notification.","2. The competition authority shall keep","confidential the identity of a person who","has notified the competition authority and","to whom an assurance of confidentiality","has been provided by any person who","performs duties or functions in the","administration or enforcement of Union","competition law."],"old":[""],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"180","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Bas Eickhout on behalf of the Greens/EFA Group","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-181","justification":" The aim to encourage consensual settlement of disputes, but settlement is not easy where\n there is an information imbalance. Whilst it may be possible to start proceedings, the act of\n having to go through a court procedure may stand in the way of settlement. Therefore pre-\n litigation disclosure by the National Competition Authorities, the Commission or the alleged\n infringer are needed to approximately quantify the damage to enter into amicable\n\nnegotiations. Based on proposal from BEUC.","location":[[" Proposal for a directive","Article 7 a (new)"]],"meps":[96725],"meta":{"created":"2019-07-03T05:16:19"},"new":["Article 7 a","Member States shall ensure that for the","purposes of facilitating amicable","negotiations, potential claimants can","obtain the evidence regarding quantum of","loss from the competition authority or the","defendant without the need of starting a","judicial action in court."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"181","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sharon Bowles","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-182","location":[["Proposal for a directive","Article 8 \u2013 paragraph 1 \u2013 point b \u2013 introductory part"]],"meps":[33570],"meta":{"created":"2019-07-03T05:16:19"},"new":["(b) the destruction of relevant evidence;"],"old":["(b) the destruction of relevant evidence,","provided that, at the time of destruction:"],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"182","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sharon Bowles","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-183","justification":" Deletion for legal clarity.","location":[["Proposal for a directive","Article 8 \u2013 paragraph 1 \u2013 point b"]],"meps":[33570],"meta":{"created":"2019-07-03T05:16:19"},"new":["deleted"],"old":["(i) the destroying party was or had been a","party to the proceedings of a competition","authority in relation to the conduct","underlying the action for damages; or","(ii) the destroying party knew or should","reasonably have known that an action for","damages had been brought before the","national court and that the evidence was","of relevance in substantiating either the","claim for damages or a defence against it;","or","(iii) the destroying party knew that the","evidence was of relevance to pending or","prospective actions for damages brought","by it or against it;"],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"183","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Jean-Paul Gauz\u00e8s","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-184","location":[[" Proposal for a directive","Article 9"]],"meps":[28193],"meta":{"created":"2019-07-03T05:16:19"},"new":["Member States shall ensure that, where","national courts rule, in actions for damages","under Article 101 or 102 of the Treaty or","under national competition law, on","agreements, decisions or practices which","are already the subject of a final","infringement decision by a competition","court, those courts cannot take decisions","running counter to such finding of an","infringement. In the case of final","infringement decision by a national","competition authority, it shall be","presumed that the finding of an","infringement is true. This obligation is","without prejudice to the rights and","obligations under Article 267 of the Treaty,","to the right to an effective remedy and a","fair trial, and the right of defence,","pursuant to Articles 47 and 48 of the","Charter, and to the right to a fair hearing","pursuant to Article 6 of the ECHR.","Accordingly, decisions of national","competition authorities and competition","courts shall be binding provided that there","were no manifest errors in the","investigation and provided that the rights","of the defence were complied with."],"old":["Member States shall ensure that, where","national courts rule, in actions for damages","under Article 101 or 102 of the Treaty or","under national competition law, on","agreements, decisions or practices which","are already the subject of a final","infringement decision by a national","competition authority or by a review court,","those courts cannot take decisions running","counter to such finding of an infringement.","This obligation is without prejudice to the","rights and obligations under Article 267 of","the Treaty."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"184","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Diogo Feio","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-185","location":[["Proposal for a directive","Article 9"]],"meps":[96977],"meta":{"created":"2019-07-03T05:16:19"},"new":["Member States shall ensure that, where","national courts rule, in actions for damages","under Article 101 or 102 of the Treaty or","under national competition law, on","agreements, decisions or practices which","are already the subject of a final","infringement decision by a national","competition authority or by a competition","court, those courts cannot take decisions","running counter to such finding of an","infringement. This obligation is without","prejudice to the rights and obligations","under Article 267 of the Treaty."],"old":["Member States shall ensure that, where","national courts rule, in actions for damages","under Article 101 or 102 of the Treaty or","under national competition law, on","agreements, decisions or practices which","are already the subject of a final","infringement decision by a national","competition authority or by a review court,","those courts cannot take decisions running","counter to such finding of an infringement.","This obligation is without prejudice to the","rights and obligations under Article 267 of","the Treaty."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"185","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Derk Jan Eppink","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-186","justification":" The objective of the article is to remove obstacles with regard to limitation periods in\n obtaining compensation for harm consumers have suffered, not to harmonize all European\n limitation periods with regard to competition law. The text should not go further than strictly\n necessary. The objective is already attained in the other paragraphs.","location":[["Proposal for a directive","Article 10 \u2013 paragraph 2"]],"meps":[97133],"meta":{"created":"2019-07-03T05:16:19"},"new":["deleted"],"old":["2. Member States shall ensure that the","limitation period shall not begin to run","before an injured party knows, or can","reasonably be expected to have knowledge","of:","(i) the behaviour constituting the","infringement;","(ii) the qualification of such behaviour as","an infringement of Union or national","competition law;","(iii) the fact that the infringement caused","harm to him; and","(iv) the identity of the infringer who","caused such harm."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"186","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sharon Bowles","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-187","location":[[" Proposal for a directive","Article 10 \u2013 paragraph 2 \u2013 introductory part"]],"meps":[33570],"meta":{"created":"2019-07-03T05:16:19"},"new":["2. Member States shall ensure that the","limitation period shall begin on the latest","date after an injured party knows, or can","reasonably be expected to have knowledge","of:"],"old":["2. Member States shall ensure that the","limitation period shall not begin to run","before an injured party knows, or can","reasonably be expected to have knowledge","of:"],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"187","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sharon Bowles","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-188","location":[[" Proposal for a directive","Article 10 \u2013 paragraph 2 \u2013 point ii"]],"meps":[33570],"meta":{"created":"2019-07-03T05:16:19"},"new":["(ii) the qualification of such behaviour as","an infringement of Union or national","competition law, such as the result of a","public action;"],"old":["(ii) the qualification of such behaviour as","an infringement of Union or national","competition law;"],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"188","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Jean-Pierre Audy","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-189","justification":"The same limitation period should apply throughout the internal market.","location":[["Proposal for a directive","Article 10 \u2013 paragraph 4"]],"meps":[33775],"meta":{"created":"2019-07-03T05:16:20"},"new":["4. Member States shall ensure that a","harmonised limitation period of five years","for bringing an action for damages is","introduced throughout the Union."],"old":["4. Member States shall ensure that the","limitation period for bringing an action for","damages is at least five years."],"orig_lang":"fr","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"189","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sharon Bowles","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-190","location":[["Proposal for a directive","Article 10 \u2013 paragraph 4"]],"meps":[33570],"meta":{"created":"2019-07-03T05:16:20"},"new":["4. Member States shall ensure that the","limitation period for bringing an action for","damages is at least six years."],"old":["4. Member States shall ensure that the","limitation period for bringing an action for","damages is at least five years."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"190","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Bas Eickhout on behalf of the Greens/EFA Group","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-191","location":[["Proposal for a directive","Article 10 \u2013 paragraph 4"]],"meps":[96725],"meta":{"created":"2019-07-03T05:16:20"},"new":["4. Member States shall ensure that the","limitation period for bringing an action for","damages is at least ten years."],"old":["4. Member States shall ensure that the","limitation period for bringing an action for","damages is at least five years."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"191","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Andreas Schwab","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-192","justification":" This amendment replaces amendment 54 (draft report) to ensure that the absolute limitation\n period does not interfere with the suspension during a competition authority's procedure. The\n starting point of this limitation period should start on the date on which the claim arose.","location":[[" Proposal for a directive","Article 10 \u2013 paragraph 4 a (new)"]],"meps":[28223],"meta":{"created":"2019-07-03T05:16:20"},"new":["4a. Notwithstanding paragraphs 1 to 4 of","this Article, actions for damages shall be","instituted within 10 years from the date on","which the cause of action accrued."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"192","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sharon Bowles","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-193","location":[[" Proposal for a directive","Article 10 \u2013 paragraph 5"]],"meps":[33570],"meta":{"created":"2019-07-03T05:16:20"},"new":["5. Member States shall ensure that the","limitation period is suspended if a","competition authority takes action for the","purpose of the investigation or proceedings","in respect of an infringement to which the","action for damages relates. The suspension","shall end at the earliest one year after the","infringement decision has become final,","when a case can no longer be appealed or","reviewed, or the proceedings are otherwise","terminated."],"old":["5. Member States shall ensure that the","limitation period is suspended if a","competition authority takes action for the","purpose of the investigation or proceedings","in respect of an infringement to which the","action for damages relates. The suspension","shall end at the earliest one year after the","infringement decision has become final or","the proceedings are otherwise terminated."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"193","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Antol\u00edn S\u00e1nchez Presedo","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-194","location":[["Proposal for a directive","Article 10 \u2013 paragraph 5"]],"meps":[28295],"meta":{"created":"2019-07-03T05:16:20"},"new":["5. Member States shall ensure that the","limitation period is suspended if a","competition authority takes action for the","purpose of the investigation or proceedings","in respect of an infringement to which the","action for damages relates. 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The suspension","shall end at the earliest one year after the","infringement decision has become final or","the proceedings are otherwise terminated."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"194","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Antol\u00edn S\u00e1nchez Presedo","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-195","location":[["Proposal for a directive","Article 11 \u2013 paragraph 1"]],"meps":[28295],"meta":{"created":"2019-07-03T05:16:20"},"new":["1. Member States shall ensure that","undertakings which have infringed","competition law through joint behaviour","are jointly and severally liable for the","damage caused by the infringement: each","of the infringing undertakings is bound to","compensate for the harm in full, and the","injured party may require full","compensation from any of them until he","has been fully compensated.","Where the undertaking is a SME and has","not led or induced the infringement by","other undertaking of the competition law","and has shown that its participation in the","total damage caused is inferior to the 5%,","it shall only be liable to its injured parties."],"old":["1. Member States shall ensure that","undertakings which have infringed","competition law through joint behaviour","are jointly and severally liable for the","damage caused by the infringement: each","of the infringing undertakings is bound to","compensate for the harm in full, and the","injured party may require full","compensation from any of them until he","has been fully compensated.",""],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"195","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Jean-Paul Gauz\u00e8s","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-196","location":[[" Proposal for a directive","Article 11 \u2013 paragraph 1"]],"meps":[28193],"meta":{"created":"2019-07-03T05:16:20"},"new":["1. Member States shall ensure that","undertakings which have infringed","competition law through joint behaviour","are liable for the damage caused by the","infringement: each of the infringing","undertakings is bound to fully compensate","for the harm caused to its direct and","indirect customers."],"old":["1. Member States shall ensure that","undertakings which have infringed","competition law through joint behaviour","are jointly and severally liable for the","damage caused by the infringement: each","of the infringing undertakings is bound to","compensate for the harm in full, and the","injured party may require full","compensation from any of them until he","has been fully compensated."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"196","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Diogo Feio","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-197","location":[[" Proposal for a directive","Article 11 \u2013 paragraph 2"]],"meps":[96977],"meta":{"created":"2019-07-03T05:16:20"},"new":["deleted"],"old":["2. Member States shall ensure that an","undertaking which has been granted","immunity from fines by a competition","authority under a leniency programme","shall be liable to injured parties other","than its direct or indirect purchasers or","providers only when such injured parties","show that they are unable to obtain full","compensation from the other","undertakings that were involved in the","","same infringement of competition law."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"197","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sharon Bowles","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-198","location":[["Proposal for a directive","Article 11 \u2013 paragraph 2"]],"meps":[33570],"meta":{"created":"2019-07-03T05:16:20"},"new":["2. 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Member States shall ensure that an","undertaking which has been granted","immunity from fines by a competition","authority under a leniency programme shall","be liable to injured parties other than its","direct or indirect purchasers or providers","only when such injured parties show that","they are unable to obtain full compensation","from the other undertakings that were","","involved in the same infringement of","competition law."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"199","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Diogo Feio","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-200","location":[[" Proposal for a directive","Article 11 \u2013 paragraph 3"]],"meps":[96977],"meta":{"created":"2019-07-03T05:16:20"},"new":["3. Member States shall ensure that an","infringing undertaking may recover a","contribution from any other infringing","undertaking, the amount of which shall be","determined in the light of their relative","responsibility for the harm caused by the","infringement."],"old":["3. Member States shall ensure that an","infringing undertaking may recover a","contribution from any other infringing","undertaking, the amount of which shall be","determined in the light of their relative","responsibility for the harm caused by the","infringement. The amount of contribution","of an undertaking which has been","granted immunity from fines by a","competition authority under a leniency","programme shall not exceed the amount","of the harm it caused to its own direct or","indirect purchasers or providers."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"200","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Diogo Feio","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-201","location":[[" Proposal for a directive","Article 11 \u2013 paragraph 4"]],"meps":[96977],"meta":{"created":"2019-07-03T05:16:20"},"new":["deleted"],"old":["4. Member States shall ensure that, to the","extent the infringement caused harm to","injured parties other than the direct or","indirect purchasers or providers of the","infringing undertakings, the amount of","contribution of the immunity recipient","shall be determined in the light of its","","relative responsibility for that harm."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"201","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Derk Jan Eppink","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-202","justification":"Although the use of passing-on defence, which is available in a number of national EU legal\nsystems, is a welcome proposal, the concern that this Amendment seeks to address is that\nlegislation at EU level as proposed in this Article may inadvertently favour either the direct\nor indirect purchasers. Although without legislation, there is a risk of inconsistency, it would\nperhaps be better to allow Member States to implement a passing-on defence through EU\njudicial case law.","location":[["Proposal for a directive","Article 12 \u2013 paragraph 1"]],"meps":[97133],"meta":{"created":"2019-07-03T05:16:20"},"new":["1. Member States may provide for","implementing a system, based on judicial","case law, where the defendant in an action","for damages can invoke as a defence","against a claim for damages the fact that","the claimant passed on the whole or part of","the overcharge resulting from the","infringement, in which case, the burden of","proving that the overcharge was passed on","shall rest with the defendant."],"old":["1. Member States shall ensure that the","defendant in an action for damages can","invoke as a defence against a claim for","damages the fact that the claimant passed","on the whole or part of the overcharge","resulting from the infringement. The","burden of proving that the overcharge was","passed on shall rest with the defendant."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"202","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sharon Bowles","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-203","location":[["Proposal for a directive","Article 12 \u2013 paragraph 1"]],"meps":[33570],"meta":{"created":"2019-07-03T05:16:21"},"new":["1. Member States shall ensure that the","defendant in an action for damages can","invoke as a defence against a claim for","damages the fact that the claimant passed","on the whole or part of the overcharge","resulting from the infringement. 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Member States shall ensure that the","defendant in an action for damages can","invoke as a defence against a claim for","damages the fact that the claimant passed","on the whole or part of the overcharge","resulting from the infringement. The","burden of proving that the overcharge was","passed on shall rest with the defendant."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"204","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Derk Jan Eppink","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-205","justification":"The current article is needlessly complicated. As a general rule claimants should prove their\nclaim. It is unnecessary to introduce a rebuttable presumption for indirect purchasers that a\nprice increase has been passed on to them as it is not impossible or too complicated to prove\nthat the overcharge of the cartel has been passed on to the indirect purchaser.","location":[[" Proposal for a directive","Article 13 \u2013 paragraph 1"]],"meps":[97133],"meta":{"created":"2019-07-03T05:16:21"},"new":["1. Member States shall ensure that, parties","which have suffered damage caused by an","infringement of the competition rules are","entitled to compensation, regardless of","whether they are direct or indirect","purchasers."],"old":["1. Member States shall ensure that, where","","in an action for damages the existence of","a claim for damages or the amount of","compensation to be awarded depends on","whether - or to what degree - an","overcharge was passed on to the claimant,","the burden of proving the existence and","scope of such pass-on shall rest with the","claimant."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"205","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sharon Bowles","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-206","justification":" Placing the burden of showing the pass-on with the indirect purchaser may require\n unobtainable knowledge on pricing strategies of direct purchasers. 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Member States shall ensure that, where","in an action for damages the existence of a","claim for damages or the amount of","compensation to be awarded depends on","whether - or to what degree - an","overcharge was passed on to the claimant,","the burden of proving the existence and","scope of such pass-on shall rest with the","claimant."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"206","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Derk Jan Eppink","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-207","justification":" The current article is needlessly complicated.","location":[[" Proposal for a directive","Article 13 \u2013 paragraph 2 \u2013 subparagraph 1"]],"meps":[97133],"meta":{"created":"2019-07-03T05:16:21"},"new":["deleted"],"old":["In the situation referred to in paragraph","1 of this Article, the indirect purchaser","shall be deemed to have proven that a","passing-on to him occurred where he has","shown that:","(a) the defendant has committed an","infringement of competition law;","(b) the infringement resulted in an","overcharge for the direct purchaser of the","defendant; and","(c) he purchased the goods or services","that were the subject of the infringement,","or purchased goods or services derived","from or containing the goods or services","that were the subject of the infringement."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"207","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Bas Eickhout on behalf of the Greens/EFA Group","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-208","location":[[" Proposal for a directive","Article 13 \u2013 paragraph 2 \u2013 subparagraph 1 \u2013 point a"]],"meps":[96725],"meta":{"created":"2019-07-03T05:16:21"},"new":["(a) the defendant has inflicted, planned or","committed an infringement of competition","law;"],"old":["(a) the defendant has committed an","infringement of competition law;"],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"208","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Bas Eickhout on behalf of the Greens/EFA Group","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-209","location":[["Proposal for a directive","Article 13 \u2013 paragraph 2 \u2013 subparagraph 1 \u2013 point b"]],"meps":[96725],"meta":{"created":"2019-07-03T05:16:21"},"new":["(b) the infringement resulted in an","overcharge or distortion in the market as","so for the purchaser or competitor of the","defendant; and"],"old":["(b) the infringement resulted in an","overcharge for the direct purchaser of the","defendant; and"],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"209","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Bas Eickhout on behalf of the Greens/EFA Group","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-210","location":[["Proposal for a directive","Article 13 \u2013 paragraph 2 \u2013 subparagraph 1 \u2013 point b"]],"meps":[96725],"meta":{"created":"2019-07-03T05:16:21"},"new":["(b) the infringement resulted in an","overcharge for any purchaser or distortion","to any competitor of the defendant; and"],"old":["(b) the infringement resulted in an","overcharge for the direct purchaser of the","defendant; and"],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"210","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sharon Bowles","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-211","location":[[" Proposal for a directive","Article 13 \u2013 paragraph 2 \u2013 subparagraph 1 \u2013 point c"]],"meps":[33570],"meta":{"created":"2019-07-03T05:16:21"},"new":["(c) he purchased the goods or services","from a direct purchaser that were the","subject of the infringement, or purchased","goods or services derived from or","containing the goods or services that were","the subject of the infringement."],"old":["(c) he purchased the goods or services that","were the subject of the infringement, or","purchased goods or services derived from","or containing the goods or services that","were the subject of the infringement."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"211","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Andreas Schwab","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-212","justification":" The indirect purchaser must show that an overcharge was passed on to him. Otherwise, the\n Directive might lead to undesired overcompensation: in the case of two \"non liquet\", an\n infringer would need to pay damages to the direct purchaser (because of the presumption of\n harm) and also to the indirect purchaser (because of the rebuttable presumption in Art. 13).\n This situation has to be avoided, as the goal of actions for damages should be full\n compensation and not deterrence.","location":[[" Proposal for a directive","Article 13 \u2013 paragraph 2 \u2013 subparagraph 1 \u2013 point c a (new)"]],"meps":[28223],"meta":{"created":"2019-07-03T05:16:21"},"new":["(ca) the whole or part of the overcharge","was passed on to him."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"212","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Derk Jan Eppink","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-213","justification":"The current article is needlessly complicated.","location":[[" Proposal for a directive","Article 13 \u2013 paragraph 2 \u2013 subparagraph 2"]],"meps":[97133],"meta":{"created":"2019-07-03T05:16:21"},"new":["Member States shall ensure that the court","has the power to estimate which share of","the overcharge was passed on to the","indirect purchaser."],"old":["Member States shall ensure that the court","has the power to estimate which share of","that overcharge was passed on."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"213","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Derk Jan Eppink","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-214","justification":"The current article is needlessly complicated.","location":[["Proposal for a directive","Article 13 \u2013 paragraph 2 \u2013 subparagraph 3"]],"meps":[97133],"meta":{"created":"2019-07-03T05:16:21"},"new":["This article shall be without prejudice to","the infringer's right to show that the","overcharge was not, or not entirely, passed","on to the indirect purchaser."],"old":["This paragraph shall be without prejudice","to the infringer's right to show that the","overcharge was not, or not entirely, passed","on to the indirect purchaser."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"214","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sharon Bowles","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-215","location":[["Proposal for a directive","Article 14 \u2013 paragraph 1"]],"meps":[33570],"meta":{"created":"2019-07-03T05:16:21"},"new":["1. 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The rules laid down in this Chapter shall","be without prejudice to the right of any","injured party that are likely to have","suffered harm to claim compensation for","loss of profits."],"old":["1. The rules laid down in this Chapter shall","be without prejudice to the right of an","injured party to claim compensation for","loss of profits."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"216","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Kri\u0161j\u0101nis Kari\u0126\u0161","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-217","location":[[" Proposal for a directive","Article 15 \u2013 paragraph 1 \u2013 introductory part"]],"meps":[96901],"meta":{"created":"2019-07-03T05:16:21"},"new":["1. 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Member States shall ensure that, in","assessing whether the burden of proof","resulting from the application of Article 13","is satisfied, national courts seized of an","action for damages take due account of"],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"217","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sharon Bowles","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-218","location":[["Proposal for a directive","Article 15 \u2013 paragraph 1 \u2013 point b a (new)"]],"meps":[33570],"meta":{"created":"2019-07-03T05:16:21"},"new":["(ba) any relevant results from public","competition cases which help to fulfil the","criteria in paragraph 2 of Article 13."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"218","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Derk Jan Eppink","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-219","justification":"It is a long standing general legal principle throughout the EU that it is the responsibility of\nclaimants to prove the level of loss. The Commission's proposal goes against this and would\nlead to bias in the regime. Furthermore, the defendant would need substantial economic\nevidence to rebut such a presumption and there would be significant difficulties in\nintroducing such presumption where they may be more than one layer of purchaser (e.g. a\nsupplier, a retailer and a consumer).","location":[["Proposal for a directive","Article 16 \u2013 paragraph 1"]],"meps":[97133],"meta":{"created":"2019-07-03T05:16:22"},"new":["deleted"],"old":["1. Member States shall ensure that, in the","case of a cartel infringement, it shall be","presumed that the infringement caused","harm. 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The infringing undertaking shall","have the right to rebut this presumption."],"orig_lang":"en","peid":"PE521.623v01-00","reference":"2013/0185(COD)","seq":"220","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.623+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Olle Schmidt","changes":{},"committee":["ECON"],"date":"2013-11-08T00:00:00","id":"PE521.623-221","justification":" To increase protection of the party injured from a competition law infringement it is\n important to ensure that it has a strong voice in the court proceedings. By emphasising the\n injured party's estimation of the harm it is ensured that the weaker party is protected. In\n addition, it further disincentivises cartel participation because the power of infringers in\n court proceedings is reduced.","location":[[" Proposal for a directive","Article 16 \u2013 paragraph 2"]],"meps":[4274],"meta":{"created":"2019-07-03T05:16:22"},"new":["2. 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In most cases authorities\n do not investigate the harm caused by the anticompetitive infringement nor the groups of\n victims, with risk that unfair settlements could be taken into account as a mitigating\n circumstance when defining the level of fines or achieving the settlement with the infringing\n company. Based on a proposal from BEUC.","location":[[" Proposal for a directive","Article 17 \u2013 paragraph 2 a (new)"]],"meps":[96725],"meta":{"created":"2019-07-03T05:16:22"},"new":["2a. 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Many national systems are limited in their scope or not easily accessible for\nconsumers. This demonstrates a need for clear rules and a cross-border system. Collective\nredress should be accessible for all EU consumers, not just some.","location":[["Proposal for a directive","Recital 4 a (new)"]],"meps":[4274],"meta":{"created":"2019-07-03T05:35:04"},"new":["(4a) Respective of the prerogative of","Member States to introduce different","collective redress schemes, Member States","should be encouraged, when setting up","such scheme, to introduce an opt-in","system and to refrain from foreseeing the","use of a contingency fee, third party","funding and the possibility to award","punitive damages."],"orig_lang":"en","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"14","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2013-10-18T00:00:00","id":"PE521.778-15","justification":" In the interest of consumers and undertakings, compensation of damages need to be cost-\n effective, timely and efficient. Therefore early consensual dispute resolution needs to be\n encouraged by giving an incentive linked to the fine set by the competition authorities to\n ensure such a cost-effective, timely and efficient compensation.","location":[["Proposal for a directive","Recital 5 a (new)"]],"meps":[28223],"meta":{"created":"2019-07-03T05:35:04"},"new":["(5a) Effective means for consumers and","undertakings to obtain damages will deter","undertakings from committing","infringements and will ensure greater","compliance with the Union competition","rules. Accordingly, in the interests of","enhancing public enforcement of","competition rules in the Union, cost-","effective, timely and efficient","compensation of victims of breaches of","those rules should be encouraged. To that","end, compensation of victims following a","consensual dispute resolution process","should be considered to be a mitigating","factor by the competition authorities in","the setting of fines. Encouraging","consensual compensation of victims","should be without prejudice to the need","for harmonisation of the rules in the","Members States governing actions for","damages for infringements of national or","Union competition law."],"old":[""],"orig_lang":"en","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"15","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2013-10-18T00:00:00","id":"PE521.778-16","justification":"In the interest of consumers and undertakings, compensation of damages needs to be cost-\neffective, timely and efficient. Therefore early consensual dispute resolution needs to be\nencouraged by giving an incentive linked to the fine set by the competition authorities to\nensure such a cost-effective, timely and efficient compensation.","location":[[" Proposal for a directive","Recital 5 b (new)"]],"meps":[28223],"meta":{"created":"2019-07-03T05:35:05"},"new":["(5b) In accordance with recent European","Parliament resolutions on Commission","Annual Competition Reports, the fines","adopted by the Commission, including in","relation to undertakings benefiting","pursuant to a leniency policy, should take","into account any compensation already","paid to victims and the parties should be","encouraged to reach out-of-court","settlements before a final decision on a","fine is taken."],"orig_lang":"en","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"16","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Olle Schmidt","changes":{},"committee":["IMCO"],"date":"2013-10-18T00:00:00","id":"PE521.778-17","justification":" In February 2012 the European Parliament adopted the resolution \u2018Towards a Coherent\n European Approach to Collective Redress\u2019, in which it called for any proposal in the field of\n collective redress including a common set of principles providing uniform access to justice\n via collective redress within the Union dealing with the infringement of consumer rights. A\n collective redress mechanism would greatly enhance effective enforcement of competition law\n and increase consumer protection.","location":[["Proposal for a directive","Recital 11"]],"meps":[4274],"meta":{"created":"2019-07-03T05:35:05"},"new":["(11) This Directive reaffirms the acquis","communautaire on the Union right to","compensation for harm caused by","infringements of Union competition law,","particularly regarding standing and the","definition of damage, as it has been stated","in the case-law of the Court of Justice of","the European Union, and does not pre-empt","any further development thereof. Anyone","who has suffered harm caused by an","infringement can claim compensation for","the actual loss (damnum emergens), for the","gain of which he has been deprived (loss of","profit or lucrum cessans) and payment of","interest accruing from the time the harm","occurred until compensation is paid. This","right is recognised for any natural or legal","person - consumers, undertakings and","public authorities alike - irrespective of the","existence of a direct contractual","relationship with the infringing","undertaking, and regardless of whether or","not there has been a prior finding of an","infringement by a competition authority."],"old":["(11) This Directive reaffirms the acquis","communautaire on the Union right to","compensation for harm caused by","infringements of Union competition law,","particularly regarding standing and the","definition of damage, as it has been stated","in the case-law of the Court of Justice of","the European Union, and does not pre-empt","any further development thereof. Anyone","who has suffered harm caused by an","infringement can claim compensation for","the actual loss (damnum emergens), for the","gain of which he has been deprived (loss of","profit or lucrum cessans) and payment of","interest accruing from the time the harm","occurred until compensation is paid. This","right is recognised for any natural or legal","person - consumers, undertakings and","public authorities alike - irrespective of the","existence of a direct contractual","relationship with the infringing","undertaking, and regardless of whether or","not there has been a prior finding of an","infringement by a competition authority.","This Directive should not require Member","States to introduce collective redress","mechanisms for the enforcement of","Articles 101 and 102 of the Treaty."],"orig_lang":"en","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"17","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sylvana Rapti","changes":{},"committee":["IMCO"],"date":"2013-10-18T00:00:00","id":"PE521.778-18","location":[[" Proposal for a directive","Recital 11"]],"meps":[96925],"meta":{"created":"2019-07-03T05:35:05"},"new":["(11) This Directive reaffirms the acquis","communautaire on the Union right to","compensation for harm caused by","infringements of Union competition law,","particularly regarding standing and the","definition of damage, as it has been stated","in the case-law of the Court of Justice of","the European Union, and does not pre-empt","any further development thereof. Anyone","who has suffered harm caused by an","infringement can claim compensation for","the actual loss (damnum emergens), for the","gain of which he has been deprived (loss of","profit or lucrum cessans) and payment of","interest accruing from the time the harm","occurred until compensation is paid,","without prejudice to the kind of interest","recognised under national law. This right","is recognised for any natural or legal","person - consumers, undertakings and","public authorities alike - irrespective of the","existence of a direct contractual","relationship with the infringing","undertaking, and regardless of whether or","not there has been a prior finding of an","infringement by a competition authority."],"old":["(11) This Directive reaffirms the acquis","communautaire on the Union right to","compensation for harm caused by","infringements of Union competition law,","particularly regarding standing and the","definition of damage, as it has been stated","in the case-law of the Court of Justice of","the European Union, and does not pre-empt","any further development thereof. Anyone","who has suffered harm caused by an","infringement can claim compensation for","the actual loss (damnum emergens), for the","gain of which he has been deprived (loss of","profit or lucrum cessans) and payment of","interest accruing from the time the harm","occurred until compensation is paid. This","right is recognised for any natural or legal","person - consumers, undertakings and","public authorities alike - irrespective of the","existence of a direct contractual","relationship with the infringing","undertaking, and regardless of whether or","not there has been a prior finding of an","infringement by a competition authority.","This Directive should not require Member","States to introduce collective redress","mechanisms for the enforcement of","Articles 101 and 102 of the Treaty."],"orig_lang":"en","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"18","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Olle Schmidt","changes":{},"committee":["IMCO"],"date":"2013-10-18T00:00:00","id":"PE521.778-19","justification":"In February 2012 the European Parliament adopted the resolution \u2018Towards a Coherent\nEuropean Approach to Collective Redress\u2019, in which it called for any proposal in the field of\ncollective redress including a common set of principles providing uniform access to justice\nvia collective redress within the Union dealing with the infringement of consumer rights. A\ncollective redress mechanism would greatly enhance effective enforcement of competition law\nand increase consumer protection.","location":[["Proposal for a directive","Recital 11 a (new)"]],"meps":[4274],"meta":{"created":"2019-07-03T05:35:05"},"new":["(11a) The correct enforcement of","competition law and the effective exercise","by both business and consumers of their","right to compensation are tightly","interwoven and key in achieving","competitive growth. A European right to","collective redress will, in this regard,","contribute to the completion of the","internal market and the development of a","genuine area of freedom, security and","justice."],"orig_lang":"en","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"19","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2013-10-18T00:00:00","id":"PE521.778-20","justification":" Evidence needs to be specified as precisely and narrowly as possible in order to prevent\n fishing expeditions, which might harm importantly an efficient and fair functioning the\n internal market.","location":[["Proposal for a directive","Recital 13"]],"meps":[28223],"meta":{"created":"2019-07-03T05:35:05"},"new":["(13) Evidence is an important element for","bringing actions for damages for","infringement of national or Union","competition law. However, as antitrust","litigation is characterised by an information","asymmetry, it is appropriate to ensure that","injured parties are afforded the right to","obtain the disclosure of evidence relevant","to their claim. In order to ensure equality of","arms, those means should also be available","to defendants in actions for damages, so","that they can request the disclosure of","evidence by those injured parties. National","courts can also order evidence to be","disclosed by third parties. Where the","national court wishes to order disclosure of","evidence by the Commission, the principle","of sincere cooperation between the","European Union and the Member States","(Article 4(3) TEU) and Article 15(1) of","Regulation No 1/2003 as regards requests","for information are applicable."],"old":["(13) Evidence is an important element for","bringing actions for damages for","infringement of national or Union","","competition law. However, as antitrust","litigation is characterised by an information","asymmetry, it is appropriate to ensure that","injured parties are afforded the right to","obtain the disclosure of evidence relevant","to their claim, without it being necessary","for them to specify individual items of","evidence. In order to ensure equality of","arms, those means should also be available","to defendants in actions for damages, so","that they can request the disclosure of","evidence by those injured parties. National","courts can also order evidence to be","disclosed by third parties. Where the","national court wishes to order disclosure of","evidence by the Commission, the principle","of sincere cooperation between the","European Union and the Member States","(Article 4(3) TEU) and Article 15(1) of","Regulation No 1/2003 as regards requests","for information are applicable."],"orig_lang":"en","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"20","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2013-10-18T00:00:00","id":"PE521.778-21","justification":"Safeguarding sufficient incentives of the leniency programme is of utmost importance for\nensuring a level-playing field of the internal market. Leniency programmes are the most\nefficient tool in detecting anticompetitive agreements. If there is no or little detection of\nanticompetitive behaviour, there are ultimately no victims to compensate. Thus documents\nbrought forward by the applicant need to be protected while providing for a per-se protection\nis incompatible with primary law (Donau Chemie).","location":[[" Proposal for a directive","Recital 19"]],"meps":[28223],"meta":{"created":"2019-07-03T05:35:05"},"new":["(19) Leniency programmes and settlement","procedures are important tools for the","public enforcement of Union competition","law as they contribute to the detection,","efficient prosecution and sanctioning of the","most serious competition law","infringements. Undertakings may be","deterred from co-operating in this context","if disclosure of documents they solely","produce to this end were to expose them to","civil liability under worse conditions than","the co-infringers that do not co-operate","with competition authorities. To ensure","that undertakings are willing to produce","voluntary statements acknowledging their","participation in an infringement of Union","or national competition law to a","competition authority under a leniency","programme or a settlement procedure,","statements and documents containing","self-incriminating evidence produced for","the purposes of applications for leniency","and disclosed by the applicant for","leniency, should, in principle, be protected","from disclosure of evidence."],"old":["(19) Leniency programmes and settlement","procedures are important tools for the","public enforcement of Union competition","law as they contribute to the detection,","efficient prosecution and sanctioning of the","most serious competition law","infringements. Undertakings may be","","deterred from co-operating in this context","if disclosure of documents they solely","produce to this end were to expose them to","civil liability under worse conditions than","the co-infringers that do not co-operate","with competition authorities. To ensure","that undertakings are willing to produce","voluntary statements acknowledging their","participation in an infringement of Union","or national competition law to a","competition authority under a leniency","programme or a settlement procedure, such","statements should be excepted from","disclosure of evidence."],"orig_lang":"en","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"21","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sylvana Rapti","changes":{},"committee":["IMCO"],"date":"2013-10-18T00:00:00","id":"PE521.778-22","justification":" Although important for the effective public enforcement of competition law, settlement\n submissions are by no way equally significant to the leniency corporate statements. There is a\n fundamental difference of nature and quality between them, since settlement submissions -\n unlike the leniency corporate statements- are not indispensable for the effective detection of\n infringements. Consequently, they should not be granted absolute protection and thus not be\n incorporated in the black list.","location":[["Proposal for a directive","Recital 19"]],"meps":[96925],"meta":{"created":"2019-07-03T05:35:05"},"new":["(19) Leniency programmes are important","tools for the public enforcement of Union","competition law as they contribute to the","detection, efficient prosecution and","sanctioning of the most serious competition","law infringements. Undertakings may be","deterred from co-operating in this context","if disclosure of documents they solely","produce to this end were to expose them to","civil liability under worse conditions than","the co-infringers that do not co-operate","with competition authorities. To ensure","that undertakings are willing to produce","voluntary statements acknowledging their","participation in an infringement of Union","or national competition law to a","competition authority under a leniency","programme, leniency corporate statements","should be excepted from disclosure of","evidence."],"old":["(19) Leniency programmes and settlement","procedures are important tools for the","public enforcement of Union competition","law as they contribute to the detection,","efficient prosecution and sanctioning of the","most serious competition law","infringements. Undertakings may be","","deterred from co-operating in this context","if disclosure of documents they solely","produce to this end were to expose them to","civil liability under worse conditions than","the co-infringers that do not co-operate","with competition authorities. To ensure","that undertakings are willing to produce","voluntary statements acknowledging their","participation in an infringement of Union","or national competition law to a","competition authority under a leniency","programme or a settlement procedure,","such statements should be excepted from","disclosure of evidence."],"orig_lang":"en","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"22","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2013-10-18T00:00:00","id":"PE521.778-23","justification":"Deletion as a consequence of changes in Article 5 and 6.","location":[[" Proposal for a directive","Recital 20"]],"meps":[28223],"meta":{"created":"2019-07-03T05:35:05"},"new":["deleted"],"old":["(20) In addition, an exception to","disclosure should apply to any disclosure","measure that would unduly interfere with","an on-going investigation by a","competition authority concerning an","infringement of national or Union","competition law. Information that was","prepared by a competition authority in the","course of its proceedings for the","enforcement of national or Union","competition law (such as a Statement of","","Objections) or by a party to those","proceedings (such as replies to requests","for information of the competition","authority) should therefore be disclosable","in actions for damages only after the","competition authority has found an","infringement of the national or Union","competition rules or has otherwise closed","its proceedings."],"orig_lang":"en","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"23","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2013-10-18T00:00:00","id":"PE521.778-24","justification":"Deletion as a consequence of changes in Article 5 and 6.","location":[["Proposal for a directive","Recital 21"]],"meps":[28223],"meta":{"created":"2019-07-03T05:35:05"},"new":["deleted"],"old":["(21) Apart from the evidence referred to","in recitals (19) and(20), national courts","should be able to order, in the context of","an action for damages, disclosure of","evidence that exists irrespective of the","proceedings of a competition authority","(\u2018pre-existing information\u2019)."],"orig_lang":"en","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"24","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2013-10-18T00:00:00","id":"PE521.778-25","justification":" Adaptation as a consequence of changes in Article 5 and 6.","location":[["Proposal for a directive","Recital 23"]],"meps":[28223],"meta":{"created":"2019-07-03T05:35:05"},"new":["(23) However, the use referred to in the","previous recital may not unduly detract","from the effective enforcement of","competition law by a competition","authority. Protection from disclosure","should thus equally apply to the use of","evidence which is obtained solely through","access to the file of a competition","authority. Moreover, evidence obtained","from a competition authority in the context","of exercise of the rights of defence should","not become an object of trade. The","possibility of using evidence that was","obtained solely through access to the file of","a competition authority should therefore be","limited to the natural or legal person that","exercised his rights of defence and his legal","successors, as mentioned in the previous","recital. This limitation does not, however,","prevent a national court from ordering the","disclosure of that evidence under the","conditions provided for in this Directive."],"old":["(23) However, the use referred to in the","previous recital may not unduly detract","from the effective enforcement of","competition law by a competition","authority. Limitations to disclosure","referred to in recitals (19) and (20) should","thus equally apply to the use of evidence","which is obtained solely through access to","the file of a competition authority.","Moreover, evidence obtained from a","competition authority in the context of","exercise of the rights of defence should not","become an object of trade. The possibility","of using evidence that was obtained solely","through access to the file of a competition","authority should therefore be limited to the","natural or legal person that exercised his","rights of defence and his legal successors,","as mentioned in the previous recital. This","limitation does not, however, prevent a","national court from ordering the disclosure","of that evidence under the conditions","provided for in this Directive."],"orig_lang":"en","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"25","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sylvana Rapti","changes":{},"committee":["IMCO"],"date":"2013-10-18T00:00:00","id":"PE521.778-26","location":[[" Proposal for a directive","Recital 24"]],"meps":[96925],"meta":{"created":"2019-07-03T05:35:05"},"new":["(24) Making a claim for damages, or the","start of an investigation by a competition","authority, entails a risk that the","undertakings concerned may destroy or","hide evidence that would be useful in","substantiating an injured party\u2019s claim for","damages. To prevent the destruction of","relevant evidence and to ensure that court","orders requesting disclosure are complied","with, courts should impose sufficiently and","effectively deterrent sanctions. Insofar as","parties to the proceedings are concerned,","the risk of adverse inferences being drawn","in the proceedings for damages can be a","particularly effective sanction and can","avoid delays. Sanctions should also be","available for non-compliance with","obligations to protect confidential","information and for abusive use of","information obtained through disclosure.","Similarly, sanctions should be available if","information obtained through access to the","file of a competition authority in the","exercise of one\u2019s rights of defence in","relation to investigations of that","competition authority is used abusively in","actions for damages."],"old":["(24) Making a claim for damages, or the","start of an investigation by a competition","authority, entails a risk that the","undertakings concerned may destroy or","","","hide evidence that would be useful in","substantiating an injured party\u2019s claim for","damages. To prevent the destruction of","relevant evidence and to ensure that court","orders requesting disclosure are complied","with, courts should be able to impose","sufficiently deterrent sanctions. Insofar as","parties to the proceedings are concerned,","the risk of adverse inferences being drawn","in the proceedings for damages can be a","particularly effective sanction and can","avoid delays. Sanctions should also be","available for non-compliance with","obligations to protect confidential","information and for abusive use of","information obtained through disclosure.","Similarly, sanctions should be available if","information obtained through access to the","file of a competition authority in the","exercise of one\u2019s rights of defence in","relation to investigations of that","competition authority is used abusively in","actions for damages."],"orig_lang":"en","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"26","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2013-10-18T00:00:00","id":"PE521.778-27","justification":" In order to ensure the rights of defence for consumers and undertakings, the binding effect\n shall not apply, when these have not been respected. The binding effect shall also apply, if a\n\nnational competition authority finds no infringement. This would enhance the legal certainty\nfor undertakings in the internal market.","location":[["Proposal for a directive","Recital 25"]],"meps":[28223],"meta":{"created":"2019-07-03T05:35:06"},"new":["(25) Article 16(1) of Regulation (EC) No","1/2003 provides that where national courts","rule on agreements, decisions or practices","under Article 101 or 102 of the Treaty","which are already the subject of a","Commission decision, they cannot take","decisions which run counter to the decision","adopted by the Commission. To enhance","legal certainty, to avoid inconsistency in","the application of those Treaty provisions,","to increase the effectiveness and procedural","efficiency of actions for damages and to","foster the functioning of the internal","market for undertakings and consumers, it","should similarly not be possible to call into","question a final decision by a national","competition authority or a review court","finding, or endorsing a finding of, an","infringement, or no infringement, of","Article 101 or 102 of the Treaty in actions","for damages relating to the same case,","regardless of whether or not the action is","brought in the Member State of the","national competition authority or review","court. The same should apply to a decision","in which it has been concluded that","provisions of national competition law are","infringed in cases where national and","Union competition law are applied in the","same case and in parallel. This effect of","decisions by national competition","authorities and competition courts finding","an infringement of the competition rules","should apply to the operative part of the","decision and its supporting recitals. This is","without prejudice to the rights and","obligations of national courts under Article","267 of the Treaty, to the right to an","effective remedy and a fair trial and the","right of defence pursuant to Articles 47","and 48 of the Charter of Fundamental","Rights of the European Union, and to the","right to a fair hearing pursuant to Article","6 of the Convention for the Protection of","Human Rights and Fundamental","Freedoms. Accordingly, decisions of","national competition authorities and","competition courts shall be binding","provided that there were no manifest","errors in the investigation and provided","that the rights of the defence were","complied with."],"old":["(25) Article 16(1) of Regulation (EC) No","1/2003 provides that where national courts","rule on agreements, decisions or practices","under Article 101 or 102 of the Treaty","which are already the subject of a","Commission decision, they cannot take","decisions which run counter to the decision","adopted by the Commission. To enhance","legal certainty, to avoid inconsistency in","the application of those Treaty provisions,","to increase the effectiveness and procedural","efficiency of actions for damages and to","","foster the functioning of the internal","market for undertakings and consumers, it","should similarly not be possible to call into","question a final decision by a national","competition authority or a review court","finding an infringement of Article 101 or","102 of the Treaty in actions for damages","relating to the same infringement,","regardless of whether or not the action is","brought in the Member State of the","authority or review court. The same should","apply to a decision in which it has been","concluded that provisions of national","competition law are infringed in cases","where national and Union competition law","are applied in the same case and in parallel.","This effect of decisions by national","competition authorities and review courts","finding an infringement of the competition","rules should apply to the operative part of","the decision and its supporting recitals.","This is without prejudice to the rights and","obligations of national courts under Article","267 of the Treaty."],"orig_lang":"en","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"27","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2013-10-18T00:00:00","id":"PE521.778-28","justification":" The chosen term is too narrow and would not take into account the realities of the internal\n market.","location":[["Proposal for a directive","Recital 28"]],"meps":[28223],"meta":{"created":"2019-07-03T05:35:06"},"new":["(28) Undertakings which cooperate with","competition authorities under a leniency","programme play a key role in detecting","anticompetitive agreements, decisions or","practices and in bringing these","infringements to an end, thereby often","mitigating the harm which could have been","caused had the infringement continued. It","is therefore appropriate to make provision","for undertakings which have received","immunity from fines from a competition","authority under a leniency programme to","be protected from undue exposure to","damages claims, bearing in mind that the","decision of the competition authority","finding the infringement may become final","for the immunity recipient before it","becomes final for other undertakings which","have not received immunity. It is therefore","appropriate that the immunity recipient is","relieved in principle from joint and several","liability for the entire harm and that its","contribution does not exceed the amount of","harm caused to his own direct or indirect","purchasers or, in case of a buying cartel,","his direct or indirect providers. To the","extent a cartel has caused harm to others","than the customers/providers of the","infringing undertakings, the contribution of","the immunity recipient should not exceed","his relative responsibility for the harm","caused by the cartel. This share should be","determined in accordance with the same","rules used to determine the contributions","among infringing undertakings (recital (27)","above). The immunity recipient should","remain fully liable to the injured parties","other than his direct or indirect purchasers","or providers only where they are unable to","obtain full compensation from the other","infringing undertakings."],"old":["(28) Undertakings which cooperate with","competition authorities under a leniency","programme play a key role in detecting","secret cartel infringements and in bringing","these infringements to an end, thereby","often mitigating the harm which could","have been caused had the infringement","continued. It is therefore appropriate to","make provision for undertakings which","have received immunity from fines from a","competition authority under a leniency","programme to be protected from undue","exposure to damages claims, bearing in","mind that the decision of the competition","authority finding the infringement may","become final for the immunity recipient","before it becomes final for other","undertakings which have not received","immunity. It is therefore appropriate that","the immunity recipient is relieved in","principle from joint and several liability for","the entire harm and that its contribution","does not exceed the amount of harm caused","to his own direct or indirect purchasers or,","in case of a buying cartel, his direct or","indirect providers. To the extent a cartel","has caused harm to others than the","customers/providers of the infringing","undertakings, the contribution of the","immunity recipient should not exceed his","relative responsibility for the harm caused","by the cartel. This share should be","determined in accordance with the same","rules used to determine the contributions","among infringing undertakings (recital (27)","","above). The immunity recipient should","remain fully liable to the injured parties","other than his direct or indirect purchasers","or providers only where they are unable to","obtain full compensation from the other","infringing undertakings."],"orig_lang":"en","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"28","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2013-10-18T00:00:00","id":"PE521.778-29","justification":"Deletion as a consequence of Article 12 (2).","location":[[" Proposal for a directive","Recital 30"]],"meps":[28223],"meta":{"created":"2019-07-03T05:35:06"},"new":["deleted"],"old":["(30) However, in a situation where the","overcharge was passed on to persons who","are legally unable to claim compensation,","it is not appropriate to allow the","infringing undertaking to invoke the","passing-on defence, as this would render","it free of liability for the harm which it","has caused. The court seized of the action","should therefore assess, when the","passing-on defence is invoked in a","specific case, whether the persons to","whom the overcharge was allegedly","passed on are legally able to claim","compensation. While indirect purchasers","are entitled to claim compensation,","national rules of causality (including","rules on foreseeability and remoteness),","applied in accordance with principles of","Union law, may entail that certain","persons (for instance at a level of the","supply chain which is remote from the","infringement) are legally unable to claim","compensation in a given case. Only when","","the court finds that the person to whom","the overcharge was allegedly passed on is","legally able to claim compensation will it","assess the merits of the passing-on","defence."],"orig_lang":"en","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"29","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Olle Schmidt","changes":{},"committee":["IMCO"],"date":"2013-10-18T00:00:00","id":"PE521.778-30","location":[["Proposal for a directive","Recital 31"]],"meps":[4274],"meta":{"created":"2019-07-03T05:35:06"},"new":["(31) Consumers or undertakings to whom","actual loss has been passed on have","suffered harm that has been caused by an","infringement of national or Union","competition law. While such harm should","be compensated by the infringing","undertaking, it may be particularly difficult","for consumers or undertakings that did not","themselves make any purchase from the","infringing undertaking to prove the scope","of that harm. It is appropriate to define","under what conditions the indirect","purchaser is to be regarded as having","established such prima facie proof. As","regards the quantification of passing-on,","the national court should have the power to","estimate which share of the overcharge has","been passed on to the level of indirect","purchasers in the dispute pending before it.","The infringing undertaking should be","allowed to bring proof showing that the","actual loss has not been passed on or has","not been passed on entirely."],"old":["(31) Consumers or undertakings to whom","actual loss has been passed on have","suffered harm that has been caused by an","infringement of national or Union","competition law. While such harm should","be compensated by the infringing","undertaking, it may be particularly difficult","for consumers or undertakings that did not","themselves make any purchase from the","infringing undertaking to prove the scope","of that harm. It is therefore appropriate to","provide that, where the existence of a","claim for damages or the amount to be","awarded depends on whether or to what","degree an overcharge paid by the direct","purchaser of the infringing undertaking","has been passed on to the indirect","purchaser, the latter is regarded as having","brought the proof that an overcharge paid","by that direct purchaser has been passed","on to his level, where he is able to show","prima facie that such passing-on has","occurred. It is furthermore appropriate to","define under what conditions the indirect","purchaser is to be regarded as having","","established such prima facie proof. As","regards the quantification of passing-on,","the national court should have the power to","estimate which share of the overcharge has","been passed on to the level of indirect","purchasers in the dispute pending before it.","The infringing undertaking should be","allowed to bring proof showing that the","actual loss has not been passed on or has","not been passed on entirely."],"orig_lang":"en","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"30","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2013-10-18T00:00:00","id":"PE521.778-31","justification":"Adapted as consequence of changes in Article 13.","location":[[" Proposal for a directive","Recital 31"]],"meps":[28223],"meta":{"created":"2019-07-03T05:35:06"},"new":["(31) Consumers or undertakings to whom","actual loss has been passed on have","suffered harm that has been caused by an","infringement of national or Union","competition law. While such harm should","be compensated by the infringing","undertaking, it may be particularly difficult","for consumers or undertakings that did not","themselves make any purchase from the","infringing undertaking to prove the scope","of that harm. In order to prove the","existence of passing-on, the indirect","purchaser should therefore at least show","that the defendant has committed an","infringement of competition law, that the","infringement resulted in an overcharge for","the direct purchaser of the defendant, that","the indirect purchaser purchased the","goods or services that were the subject of","the infringement or purchased goods or","services derived from or containing the","goods or services that were the subject of","the infringement, that the indirect","purchaser purchased those goods or","services from the direct purchaser or from","another indirect purchaser who is directly","linked through the supply chain to the","defendant and that he purchased those","goods or services with an overcharge. As","regards the quantification of passing-on,","the national court should have the power to","estimate which share of the overcharge has","been passed on to the level of indirect","purchasers in the dispute pending before it."],"old":["(31) Consumers or undertakings to whom","actual loss has been passed on have","suffered harm that has been caused by an","infringement of national or Union","competition law. While such harm should","be compensated by the infringing","undertaking, it may be particularly difficult","for consumers or undertakings that did not","themselves make any purchase from the","infringing undertaking to prove the scope","of that harm. It is therefore appropriate to","provide that, where the existence of a","claim for damages or the amount to be","awarded depends on whether or to what","degree an overcharge paid by the direct","purchaser of the infringing undertaking","has been passed on to the indirect","purchaser, the latter is regarded as having","brought the proof that an overcharge paid","by that direct purchaser has been passed","on to his level, where he is able to show","prima facie that such passing-on has","occurred. It is furthermore appropriate to","define under what conditions the indirect","purchaser is to be regarded as having","","established such prima facie proof. As","regards the quantification of passing-on,","the national court should have the power to","estimate which share of the overcharge has","been passed on to the level of indirect","purchasers in the dispute pending before it.","The infringing undertaking should be","allowed to bring proof showing that the","actual loss has not been passed on or has","not been passed on entirely."],"orig_lang":"en","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"31","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2013-10-18T00:00:00","id":"PE521.778-32","justification":" Adapted as consequence of changes in Article 16.","location":[["Proposal for a directive","Recital 35"]],"meps":[28223],"meta":{"created":"2019-07-03T05:35:06"},"new":["(35) To remedy the information asymmetry","and some of the difficulties associated with","quantifying antitrust harm, and to ensure","the effectiveness of claims for damages,","national courts should be granted the","power to establish the existence and","estimate the amount of harm taking into","account the presentation of evidence by","the parties."],"old":["(35) To remedy the information asymmetry","and some of the difficulties associated with","quantifying antitrust harm, and to ensure","the effectiveness of claims for damages, it","is appropriate to presume that in the case","of a cartel infringement, the infringement","has caused harm, in particular via a price","effect. Depending on the facts of the case","this means that the cartel has caused a","rise in price, or prevented a lowering of","prices which would otherwise have","occurred but for the infringement. The","infringing undertaking should be free to","rebut such presumption. It is appropriate","to limit this rebuttable presumption to","cartels, given the secret nature of a cartel,","which increases the said information","asymmetry and makes it more difficult for","the injured party to obtain the necessary","evidence to prove the harm."],"orig_lang":"en","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"32","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sylvana Rapti","changes":{},"committee":["IMCO"],"date":"2013-10-18T00:00:00","id":"PE521.778-33","justification":" The experience shows that hardcore by object infringements in general and not only cartels\n are in the vast majority of cases harmful for competitors, customers and consumers. Since the\n introduced presumption may still be rebutted, it is considered appropriate that the infringing\n undertaking shall bear the onus to prove that no harm occurred in the specific case.","location":[[" Proposal for a directive","Recital 35"]],"meps":[96925],"meta":{"created":"2019-07-03T05:35:06"},"new":["(35) To remedy the information asymmetry","and some of the difficulties associated with","quantifying antitrust harm, and to ensure","the effectiveness of claims for damages, it","is appropriate to presume that in the case of","a cartel or other hardcore by object","infringements, the infringement has caused","harm, in particular via a price effect.","Depending on the facts of the case this","means that the hardcore infringement has","caused a rise in price, or prevented a","lowering of prices which would otherwise","have occurred but for the infringement.","The infringing undertaking should be free","to rebut such presumption."],"old":["(35) To remedy the information asymmetry","and some of the difficulties associated with","quantifying antitrust harm, and to ensure","the effectiveness of claims for damages, it","is appropriate to presume that in the case of","a cartel infringement, the infringement has","caused harm, in particular via a price","effect. Depending on the facts of the case","this means that the cartel has caused a rise","in price, or prevented a lowering of prices","which would otherwise have occurred but","for the infringement. The infringing","undertaking should be free to rebut such","presumption. It is appropriate to limit this","rebuttable presumption to cartels, given","the secret nature of a cartel, which","increases the said information asymmetry","and makes it more difficult for the injured","party to obtain the necessary evidence to","prove the harm."],"orig_lang":"en","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"33","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sylvana Rapti","changes":{},"committee":["IMCO"],"date":"2013-10-18T00:00:00","id":"PE521.778-34","justification":" Given the non-binding nature of the Commission\u2019s guidance papers, it is sensible to highlight\n their importance for the effective quantification of harm undertaken by National Courts as\n well as the essence of a clear-cut wording.","location":[["Proposal for a directive","Recital 36"]],"meps":[96925],"meta":{"created":"2019-07-03T05:35:06"},"new":["(36) In the absence of Union rules on the","quantification of harm caused by a","competition law infringement, it is for the","domestic legal system of each Member","State and for the national courts to","determine what requirements the injured","party has to meet when proving the amount","of the harm suffered, how precisely he has","to prove that amount, the methods that can","be used in quantifying the amount and the","consequences of not being able to fully","meet the set requirements. However, these","domestic requirements should not be less","favourable than those governing similar","domestic actions (principle of","equivalence), nor should they render the","exercise of the Union right to damages","practically impossible or excessively","difficult (principle of effectiveness).","Regard should be had in this respect to any","information asymmetries between the","parties and to the fact that quantifying the","harm means assessing how the market in","question would have evolved had there","been no infringement. This assessment","implies a comparison with a situation","which is by definition hypothetical and can","thus never be made with complete","accuracy. It is therefore appropriate to give","national courts the power to estimate the","amount of the harm caused by the","competition law infringement. The courts","should be assisted in this rather complex","task by clear, simple, comprehensible,","easily applicable and sufficiently updated","guidance issued by the Commission."],"old":["(36) In the absence of Union rules on the","quantification of harm caused by a","competition law infringement, it is for the","domestic legal system of each Member","State and for the national courts to","determine what requirements the injured","party has to meet when proving the amount","of the harm suffered, how precisely he has","to prove that amount, the methods that can","be used in quantifying the amount and the","consequences of not being able to fully","meet the set requirements. However, these","domestic requirements should not be less","favourable than those governing similar","domestic actions (principle of","equivalence), nor should they render the","exercise of the Union right to damages","practically impossible or excessively","difficult (principle of effectiveness).","Regard should be had in this respect to any","information asymmetries between the","parties and to the fact that quantifying the","harm means assessing how the market in","question would have evolved had there","been no infringement. This assessment","implies a comparison with a situation","which is by definition hypothetical and can","thus never be made with complete","accuracy. It is therefore appropriate to give","national courts the power to estimate the","amount of the harm caused by the","competition law infringement."],"orig_lang":"en","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"34","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sylvana Rapti","changes":{},"committee":["IMCO"],"date":"2013-10-18T00:00:00","id":"PE521.778-35","justification":" Consensual dispute resolution mechanisms can only be truly effective if collective redress is\n adopted also in the context of ADR, similarly to judicial proceedings. In this way, all the\n participants will save time and costs because of the enhanced procedural efficiency, while the\n national courts are significantly unburdened and the position of consumers critically\n empowered.","location":[[" Proposal for a directive","Recital 37"]],"meps":[96925],"meta":{"created":"2019-07-03T05:35:06"},"new":["(37) Injured parties and infringing","undertakings should be encouraged to","agree on compensating the harm caused by","a competition law infringement through","consensual dispute resolution mechanisms,","such as out-of-court settlements, arbitration","and mediation. Where possible, such","consensual dispute resolution should cover","as many injured parties and infringing","undertakings as possible. The provisions","regarding collective redress shall","respectively apply in the context of","collective Alternative Dispute Resolution","(ADR) mechanisms. The provisions in this","Directive on consensual dispute resolution","are therefore meant to facilitate the use of","such mechanisms and increase their","effectiveness."],"old":["(37) Injured parties and infringing","undertakings should be encouraged to","agree on compensating the harm caused by","a competition law infringement through","consensual dispute resolution mechanisms,","such as out-of-court settlements, arbitration","and mediation. Where possible, such","consensual dispute resolution should cover","as many injured parties and infringing","undertakings as possible. The provisions in","this Directive on consensual dispute","resolution are therefore meant to facilitate","the use of such mechanisms and increase","their effectiveness."],"orig_lang":"en","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"35","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2013-10-18T00:00:00","id":"PE521.778-36","justification":"Deletion as consequence of changes in Article 18.","location":[["Proposal for a directive","Recital 40"]],"meps":[28223],"meta":{"created":"2019-07-03T05:35:06"},"new":["(40) To encourage consensual settlements,","an infringing undertaking that pays","damages through consensual dispute","resolution should not be placed in a worse","position vis-\u00e0-vis its co-infringers than it","would be in without the consensual","settlement. This might happen if a settling","infringer, even after a consensual","settlement, continued to be fully jointly and","severally liable for the harm caused by the","infringement. A settling infringer should in","principle therefore not contribute to his","non-settling co-infringers when the latter","have paid damages to the injured party","with whom the first infringer had","previously settled. The correlate to this","non-contribution rule is that the claim of","the injured party is reduced by the settling","infringer\u2019s share of the harm caused to","him. This share should be determined in","accordance with the same rules used to","determine the contributions among","infringing undertakings (recital (27)","above). Without such reduction, the non-","settling infringers would be unduly","affected by the settlement to which they","were not a party."],"old":["(40) To encourage consensual settlements,","an infringing undertaking that pays","damages through consensual dispute","resolution should not be placed in a worse","position vis-\u00e0-vis its co-infringers than it","would be in without the consensual","settlement. This might happen if a settling","infringer, even after a consensual","settlement, continued to be fully jointly and","severally liable for the harm caused by the","infringement. A settling infringer should in","principle therefore not contribute to his","non-settling co-infringers when the latter","have paid damages to the injured party","with whom the first infringer had","previously settled. The correlate to this","non-contribution rule is that the claim of","the injured party is reduced by the settling","infringer\u2019s share of the harm caused to","him. This share should be determined in","accordance with the same rules used to","determine the contributions among","infringing undertakings (recital (27)","above). Without such reduction, the non-","settling infringers would be unduly","affected by the settlement to which they","were not a party. The settling co-infringer","will still have to pay damages where that","is the only possibility for the injured party","to obtain full compensation."],"orig_lang":"en","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"36","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2013-10-18T00:00:00","id":"PE521.778-37","justification":" In order to claim compensation, requirements under national law to establish liability need to\n be satisfied.","location":[[" Proposal for a directive","Article 2 \u2013 paragraph 1"]],"meps":[28223],"meta":{"created":"2019-07-03T05:35:06"},"new":["1. Anyone who has suffered harm caused","by an infringement of Union or national","competition law shall be able to claim full","compensation for that harm, without","prejudice to any requirement under","national law to establish liability."],"old":["1. Anyone who has suffered harm caused","by an infringement of Union or national","competition law shall be able to claim full","compensation for that harm."],"orig_lang":"en","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"37","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2013-10-18T00:00:00","id":"PE521.778-38","justification":" Overcompensation needs to be prevented as it would harm the objective of a level-playing\n field in the internal market.","location":[[" Proposal for a directive","Article 2 \u2013 paragraph 2 a (new)"]],"meps":[28223],"meta":{"created":"2019-07-03T05:35:06"},"new":["2a. Member States shall ensure that","overcompensation is excluded."],"orig_lang":"en","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"38","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sylvana Rapti","changes":{},"committee":["IMCO"],"date":"2013-10-18T00:00:00","id":"PE521.778-39","location":[["Proposal for a directive","Article 2 \u2013 paragraph 3"]],"meps":[96925],"meta":{"created":"2019-07-03T05:35:06"},"new":["3. Member States shall ensure that injured","parties can effectively exercise their claims","for damages and obtain actual","enforcement of redress."],"old":["3. Member States shall ensure that injured","parties can effectively exercise their claims","for damages."],"orig_lang":"en","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"39","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Olle Schmidt","changes":{},"committee":["IMCO"],"date":"2013-10-18T00:00:00","id":"PE521.778-40","justification":"In February 2012 the European Parliament adopted the resolution \u2018Towards a Coherent\nEuropean Approach to Collective Redress\u2019, in which it called for any proposal in the field of\ncollective redress including a common set of principles providing uniform access to justice\nvia collective redress within the Union dealing with the infringement of consumer rights. A\ncollective redress mechanism would enhance effective enforcement of competition law and\nconsumer protection.","location":[["Proposal for a directive","Article 4 \u2013 paragraph 1 \u2013 point 3"]],"meps":[4274],"meta":{"created":"2019-07-03T05:35:06"},"new":["3. \u2018action for damages\u2019 means an action","under national law by which an injured","party brings a claim for damages before a","national court; it may also cover actions by","which someone acting on behalf of one or","more injured parties brings a claim for","damages before a national court, where","national law shall provide for this","possibility especially in regards to","collective redress;"],"old":["3. \u2018action for damages\u2019 means an action","under national law by which an injured","party brings a claim for damages before a","national court; it may also cover actions by","which someone acting on behalf of one or","more injured parties brings a claim for","damages before a national court, where","national law provides for this possibility;"],"orig_lang":"en","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"40","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sylvana Rapti","changes":{},"committee":["IMCO"],"date":"2013-10-18T00:00:00","id":"PE521.778-41","location":[[" Proposal for a directive","Article 4 \u2013 paragraph 1 \u2013 point 3"]],"meps":[96925],"meta":{"created":"2019-07-03T05:35:06"},"new":["3. \u2018action for damages\u2019 means an action","under national law by which an injured","party brings individual or jointly a claim","for damages before a national court; it also","covers actions by which someone acting on","behalf of one or more injured parties brings","a claim for damages before a national","court;"],"old":["3. \u2018action for damages\u2019 means an action","under national law by which an injured","party brings a claim for damages before a","national court; it may also cover actions by","which someone acting on behalf of one or","more injured parties brings a claim for","damages before a national court, where","national law provides for this possibility;"],"orig_lang":"en","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"41","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Olle Schmidt","changes":{},"committee":["IMCO"],"date":"2013-10-18T00:00:00","id":"PE521.778-42","justification":"In February 2012 the European Parliament adopted the resolution \u2018Towards a Coherent\nEuropean Approach to Collective Redress\u2019, in which it called for any proposal in the field of\ncollective redress including a common set of principles providing uniform access to justice\nvia collective redress within the Union dealing with the infringement of consumer rights. A\ncollective redress mechanism would enhance effective enforcement of competition law and\nconsumer protection.","location":[[" Proposal for a directive","Article 4 \u2013 paragraph 1 \u2013 point 3 a (new)"]],"meps":[4274],"meta":{"created":"2019-07-03T05:35:06"},"new":["3a. \u2018collective redress\u2019 means: (i) a legal","mechanism that ensures a possibility to","claim cessation of illegal behaviour","collectively by two or more natural or","legal persons or by an entity entitled to","bring a representative action (injunctive","collective redress); (ii) a legal mechanism","that ensures a possibility to claim","compensation collectively by two or more","natural or legal persons claiming to have","been harmed in a mass harm situation or","by an entity entitled to bring a","representative action (compensatory","collective redress);"],"orig_lang":"en","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"42","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2013-10-18T00:00:00","id":"PE521.778-43","justification":"The chosen term is too narrow and would not take into account the realities of the internal\nmarket.","location":[["Proposal for a directive","Article 4 \u2013 paragraph 1 \u2013 point 13"]],"meps":[28223],"meta":{"created":"2019-07-03T05:35:06"},"new":["13. \u2018leniency programme\u2019 means a","programme on the basis of which a","participant in an anticompetitive","agreement, decision or practice,","independently of the other undertakings","involved in that agreement, decision or","practice, cooperates with an investigation","of the competition authority, by voluntarily","providing presentations of his knowledge","of the agreement, decision or practice and","his role therein, in return for which the","participant receives immunity from any","fine to be imposed for the agreement,","decision or practice or a reduction of such","fine;"],"old":["13. \u2018leniency programme\u2019 means a","programme on the basis of which a","participant in a secret cartel, independently","of the other undertakings involved in the","cartel, cooperates with an investigation of","the competition authority, by voluntarily","providing presentations of his knowledge","of the cartel and his role therein, in return","for which the participant receives","immunity from any fine to be imposed for","the cartel or a reduction of such fine;"],"orig_lang":"en","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"43","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2013-10-18T00:00:00","id":"PE521.778-44","justification":" Safeguarding sufficient incentives of the leniency programme is of utmost importance for\n ensuring a level-playing field of the internal market. The proposed definition of \u2018leniency\n corporate statement\u2019 does not contain all documents containing self-incriminating evidence\n submitted by the leniency applicant. Thus, this limitation of the protection does not achieve\n the desired aim to maintain the efficiency and effectiveness of leniency and settlement\n procedures.","location":[[" Proposal for a directive","Article 4 \u2013 paragraph 1 \u2013 point 14"]],"meps":[28223],"meta":{"created":"2019-07-03T05:35:07"},"new":["14. \u2018leniency corporate statement\u2019 means","an oral or written presentation voluntarily","provided by, or on behalf of, an","undertaking to a competition authority, at","any moment during the procedure,","describing the undertaking\u2019s knowledge of","an anticompetitive agreement, decision or","practice and its role therein, which was","drawn up specifically for submission to the","authority with a view to obtaining","immunity or a reduction of fines under a","leniency programme concerning the","application of Article 101 of the Treaty or","the corresponding provision under national","law including any annexes to this","statement; this does not include documents","or information that exist irrespective of the","proceedings of a competition authority","(\u2018pre-existing information\u2019);"],"old":["14. \u2018leniency corporate statement\u2019 means","an oral or written presentation voluntarily","provided by, or on behalf of, an","undertaking to a competition authority,","describing the undertaking\u2019s knowledge of","a secret cartel and its role therein, which","was drawn up specifically for submission","to the authority with a view to obtaining","immunity or a reduction of fines under a","leniency programme concerning the","application of Article 101 of the Treaty or","the corresponding provision under national","law; this does not include documents or","information that exist irrespective of the","proceedings of a competition authority","(\u2018pre-existing information\u2019);"],"orig_lang":"en","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"44","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sylvana Rapti","changes":{},"committee":["IMCO"],"date":"2013-10-18T00:00:00","id":"PE521.778-45","location":[[" Proposal for a directive","Article 4 \u2013 paragraph 1 \u2013 point 15"]],"meps":[96925],"meta":{"created":"2019-07-03T05:35:07"},"new":["deleted"],"old":["15. \u2018settlement submission\u2019 means a","","","presentation voluntarily provided by, or","on behalf of, an undertaking to a","competition authority describing the","undertaking\u2019s acknowledgement of its","participation in an infringement of Article","101 of the Treaty or a corresponding","provision under national law and its","liability for this infringement, which was","drawn up specifically as a formal request","for the authority to apply an expedited","procedure;"],"orig_lang":"en","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"45","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2013-10-18T00:00:00","id":"PE521.778-46","justification":"The possibility of creating a secured compensation fund shall strengthen the injured parties\u2019\nright to compensation.","location":[["Proposal for a directive","Article 4 \u2013 paragraph 1 \u2013 point 17"]],"meps":[28223],"meta":{"created":"2019-07-03T05:35:07"},"new":["17. \u2018consensual settlement\u2019 means an","agreement whereby damages are paid","following a consensual dispute resolution","including an agreement pursuant to","which an undertaking commits to paying","damages to the victims of breaches of the","competition rules from a secured","compensation fund;"],"old":["17. \u2018consensual settlement\u2019 means an","agreement whereby damages are paid","following a consensual dispute resolution."],"orig_lang":"en","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"46","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2013-10-18T00:00:00","id":"PE521.778-47","justification":" Safeguarding sufficient incentives of the leniency programme is of utmost importance for\n ensuring a level-playing field of the internal market. Leniency programmes are the most\n efficient tool in detecting anticompetitive agreements. If there is no or little detection of\n anticompetitive behaviour, there are ultimately no victims to compensate. Thus documents\n brought forward by the applicant need to be protected while providing for a per-se protection\n is incompatible with primary law (Donau Chemie).","location":[["Proposal for a directive","Article 5 \u2013 paragraph 1 \u2013 subparagraph 1"]],"meps":[28223],"meta":{"created":"2019-07-03T05:35:07"},"new":["Member States shall ensure that, for the","purpose of actions for damages, national","courts cannot, in principle, order a party","or a third party to disclose leniency","statements or any other document","containing self-incriminating evidence","disclosed by the applicant for leniency.","However, where a claimant has presented","reasonably available facts and evidence","sufficient to support plausibly that he, or","those he represents, has suffered harm","caused by the defendant\u2019s infringement of","the competition rules and that the","leniency statement or any other document","containing self-incriminating evidence","disclosed by the applicant for leniency","applicant is indispensable to supporting","their claim and contains evidence that","cannot be otherwise provided, national","courts may order the defendant or a third","party to disclose evidence, regardless of","whether or not that evidence is also","included in the file of the competition","authority, subject to the conditions set out","in this Chapter. Member States shall ensure","that national courts are also able to order","the claimant or a third party to disclose","evidence on request of the defendant."],"old":["Member States shall ensure that, where a","claimant has presented reasonably","available facts and evidence showing","plausible grounds for suspecting that he,","or those he represents, has suffered harm","caused by the defendant\u2019s infringement of","competition law, national courts can order","the defendant or a third party to disclose","evidence, regardless of whether or not this","evidence is also included in the file of a","competition authority, subject to the","conditions set out in this Chapter. Member","States shall ensure that courts are also able","to order the claimant or a third party to","disclose evidence on request of the","defendant."],"orig_lang":"en","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"47","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2013-10-18T00:00:00","id":"PE521.778-48","justification":"The European Commission states in its explanatory memorandum of the legislative proposal\nthat global disclosure requests for documents should normally be deemed as disproportionate\nand not complying with the requesting party\u2019s duty to specify (categories of) evidence\nprecisely and as narrowly as possible. In order to avoid \u2018fishing expeditions\u2019, pieces of\nevidence or categories of evidence have to be defined as precisely and narrowly as possible\nby the claimant.","location":[["Proposal for a directive","Article 5 \u2013 paragraph 2 \u2013 point a"]],"meps":[28223],"meta":{"created":"2019-07-03T05:35:07"},"new":["(a) specified evidence which lies in the","control of the other party or a third party","and which is relevant in terms of","substantiating his claim or defence;"],"old":["(a) shown that evidence in the control of","the other party or a third party is relevant in","terms of substantiating his claim or","defence; and"],"orig_lang":"en","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"48","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2013-10-18T00:00:00","id":"PE521.778-49","justification":"Article 5 does not provide any guidance regarding requests for disclosure of evidence from\noutside the EU. However, evidence of an EU anticompetitive agreement or arrangement shall\nnot be used as a surrogate for (class) actions outside the EU jurisdiction. The amendment is\ndesigned to address this question adequately and to avoid such an effect.","location":[["Proposal for a directive","Article 5 \u2013 paragraph 2 \u2013 point b a (new)"]],"meps":[28223],"meta":{"created":"2019-07-03T05:35:07"},"new":["(ba) demonstrated that it is pursuing the","request for disclosure of evidence for an","identified action for damages that has","been introduced before a national court in","the Union; and"],"orig_lang":"en","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"49","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2013-10-18T00:00:00","id":"PE521.778-50","justification":" Safeguarding sufficient incentives of the leniency programme is of utmost importance for\n ensuring a level-playing field of the internal market. Leniency programmes are the most\n efficient tool in detecting anticompetitive agreements. If there is no or little detection of\n anticompetitive behaviour, there are ultimately no victims to compensate. Thus documents\n brought forward by the applicant need to be protected while providing for a per-se protection\n is incompatible with primary law (Donau Chemie).","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 2 \u2013 point b b (new)"]],"meps":[28223],"meta":{"created":"2019-07-03T05:35:07"},"new":["(bb) demonstrated to the satisfaction of","the national court to which the request is","made that the evidence obtained will not","be used by the requesting party or any","party related to it in any other proceedings","and that it shall not be made available by","the requesting party or any party related","to it to any third party except express","authorisation of the national court before","which the identified action for damages is","pending."],"orig_lang":"en","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"50","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2013-10-18T00:00:00","id":"PE521.778-51","justification":"The European Commission states in its explanatory memorandum of the legislative proposal\nthat global disclosure requests for documents should normally be deemed as disproportionate\nand not complying with the requesting party\u2019s duty to specify (categories of) evidence\nprecisely and as narrowly as possible. In order to avoid \u2018fishing expeditions\u2019, pieces of\nevidence or categories of evidence have to be defined as precisely and narrowly as possible\nby the claimant.","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 2 a (new)"]],"meps":[28223],"meta":{"created":"2019-07-03T05:35:07"},"new":["2a. Member States shall ensure that","national courts may order the disclosure","of specified parts of that evidence or","categories thereof, circumscribed as","precisely and as narrowly as possible on","the basis of reasonably available facts."],"old":[""],"orig_lang":"en","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"51","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2013-10-18T00:00:00","id":"PE521.778-52","justification":"Safeguarding sufficient incentives of the leniency programme is of utmost importance for\nensuring a level-playing field of the internal market. Leniency programmes are the most\nefficient tool in detecting anticompetitive agreements. If there is no or little detection of\nanticompetitive behaviour, there are ultimately no victims to compensate. Thus documents\nbrought forward by the applicant need to be protected while providing for a per-se protection\nis incompatible with primary law (Donau Chemie).","location":[["Proposal for a directive","Article 5 \u2013 paragraph 3 \u2013 introductory part"]],"meps":[28223],"meta":{"created":"2019-07-03T05:35:07"},"new":["3. Member States shall ensure that national","courts limit disclosure of evidence to that","which is proportionate and which relates","to an action for damages in the Union. In","determining whether any disclosure","requested by a party is proportionate,","national courts shall consider the public","interests involved and the legitimate","interests of all private parties concerned.","They shall, in particular, consider:"],"old":["3. Member States shall ensure that national","courts limit disclosure of evidence to that","which is proportionate. In determining","whether any disclosure requested by a","party is proportionate, national courts shall","consider the legitimate interests of all","parties and third parties concerned. They","shall, in particular, consider:"],"orig_lang":"en","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"52","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2013-10-18T00:00:00","id":"PE521.778-53","justification":" Safeguarding sufficient incentives of the leniency programme is of utmost importance for\n ensuring a level-playing field of the internal market. Leniency programmes are the most\n efficient tool in detecting anticompetitive agreements. If there is no or little detection of\n anticompetitive behaviour, there are ultimately no victims to compensate. This importance\n needs to be considered by national judges when ordering a disclosure.","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 3 \u2013 point a a (new)"]],"meps":[28223],"meta":{"created":"2019-07-03T05:35:07"},"new":["(aa) the need to safeguard the","effectiveness of the public enforcement of","competition law, in particular with regard","to risks that the disclosure of documents","would pose to:","(i) leniency programmes operated by","competition authorities;","(ii) settlement procedures operated by","competition authorities;","(iii) the internal decision-making","procedures within a competition authority","and within the European Competition","Network;"],"orig_lang":"en","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"53","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2013-10-18T00:00:00","id":"PE521.778-54","justification":"Safeguarding sufficient incentives of the leniency programme is of utmost importance for\nensuring a level-playing field of the internal market. Leniency programmes are the most\nefficient tool in detecting anticompetitive agreements. If there is no or little detection of\nanticompetitive behaviour, there are ultimately no victims to compensate. Thus documents\nbrought forward by the applicant need to be protected while providing for a per-se protection\nis incompatible with primary law (Donau Chemie).","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 3 \u2013 point d a (new)"]],"meps":[28223],"meta":{"created":"2019-07-03T05:35:07"},"new":["(da) the need to avoid any abuse of the","rights relating to disclosure of evidence","provided for in this Chapter, and of the","evidence and information obtained","thereunder."],"old":[""],"orig_lang":"en","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"54","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2013-10-18T00:00:00","id":"PE521.778-55","justification":"The interest to avoid damage actions for an infringement of competition rules does not\nconstitute a commercial interest worth of protection, as it would go directly against the\neffective right to compensation (cf CDC Hydrogen Peroxide v Commission (T-437/08) )","location":[["Proposal for a directive","Article 5 \u2013 paragraph 4"]],"meps":[28223],"meta":{"created":"2019-07-03T05:35:07"},"new":["4. Member States shall ensure that national","courts have at their disposal effective","measures to protect confidential","information from improper use to the","greatest extent possible whilst also","ensuring that relevant evidence containing","such information is available in the action","for damages within the Union. The","interest that undertakings have to avoid","actions for damages following an","infringement shall not constitute a","commercial interest worthy of protection."],"old":["4. Member States shall ensure that national","courts have at their disposal effective","measures to protect confidential","information from improper use to the","greatest extent possible whilst also","ensuring that relevant evidence containing","such information is available in the action","for damages."],"orig_lang":"en","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"55","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2013-10-18T00:00:00","id":"PE521.778-56","justification":" Safeguarding sufficient incentives of the leniency programme is of utmost importance for\n ensuring a level-playing field of the internal market. Leniency programmes are the most\n efficient tool in detecting anticompetitive agreements. If there is no or little detection of\n anticompetitive behaviour, there are ultimately no victims to compensate.","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 5 a (new)"]],"meps":[28223],"meta":{"created":"2019-07-03T05:35:07"},"new":["5a. Member States shall ensure that","competition authorities are heard before a","national court orders disclosure under","this Article regarding information derived","from the files of the competition authority,","regardless of whether the information is","in the possession of the competition","authority or a third party."],"orig_lang":"en","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"56","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2013-10-18T00:00:00","id":"PE521.778-57","justification":"Safeguarding sufficient incentives of the leniency programme is of utmost importance for\nensuring a level-playing field of the internal market. Leniency programmes are the most\nefficient tool in detecting anticompetitive agreements. If there is no or little detection of\nanticompetitive behaviour, there are ultimately no victims to compensate. Thus documents\nbrought forward by the applicant need to be protected while providing for a per-se protection\nis incompatible with primary law (Donau Chemie).","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 5 b (new)"]],"meps":[28223],"meta":{"created":"2019-07-03T05:35:07"},"new":["5b. Member States shall ensure that","interested parties in possession of a","leniency statement or any other document","containing self-incriminating evidence","brought forward by an applicant for","leniency are heard before a national court","orders disclosure under this Article","regarding information derived from the","specified documents."],"orig_lang":"en","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"57","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2013-10-18T00:00:00","id":"PE521.778-58","justification":"Term needs to be specified.","location":[["Proposal for a directive","Article 5 \u2013 paragraph 6"]],"meps":[28223],"meta":{"created":"2019-07-03T05:35:07"},"new":["6. Member States shall ensure that, to the","extent that their courts have powers to","order disclosure without hearing the person","from whom disclosure is sought, no","penalty for non-compliance with such an","order may be imposed until the addressee","of such an order has been heard by the","national court."],"old":["6. Member States shall ensure that, to the","extent that their courts have powers to","order disclosure without hearing the person","from whom disclosure is sought, no","penalty for non-compliance with such an","order may be imposed until the addressee","of such an order has been heard by the","court."],"orig_lang":"en","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"58","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2013-10-18T00:00:00","id":"PE521.778-59","justification":" Safeguarding sufficient incentives of the leniency programme is of utmost importance for\n ensuring a level-playing field of the internal market. Leniency programmes are the most\n efficient tool in detecting anticompetitive agreements. If there is no or little detection of\n anticompetitive behaviour, there are ultimately no victims to compensate. the protection of\n documents shall be ensured by providing for a possibility to take proceedings against the\n decision.","location":[["Proposal for a directive","Article 5 \u2013 paragraph 6 a (new)"]],"meps":[28223],"meta":{"created":"2019-07-03T05:35:07"},"new":["6a. Member States shall ensure that a","natural or legal person or an authority","that is affected by a national court order","under this Article has the possibility to","take proceedings against the decision,","including preliminary injunctions.","Competition authorities should have the","same right following a hearing as","described in Article 5(5a)."],"old":[""],"orig_lang":"en","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"59","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2013-10-18T00:00:00","id":"PE521.778-60","justification":" Safeguarding sufficient incentives of the leniency programme is of utmost importance for\n ensuring a level-playing field of the internal market. Leniency programmes are the most\n efficient tool in detecting anticompetitive agreements. If there is no or little detection of\n anticompetitive behaviour, there are ultimately no victims to compensate. The same levels of\n protection need to be ensured to maintain the effectiveness of the leniency programme","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 8"]],"meps":[28223],"meta":{"created":"2019-07-03T05:35:07"},"new":["deleted"],"old":["8. Without prejudice to the obligation laid","down in paragraph 4 and the limits laid","down in Article 6, this Article shall not","prevent the Member States from","maintaining or introducing rules which","would lead to wider disclosure of","evidence."],"orig_lang":"en","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"60","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2013-10-18T00:00:00","id":"PE521.778-61","justification":" Safeguarding sufficient incentives of the leniency programme is of utmost importance for\n ensuring a level-playing field of the internal market. Leniency programmes are the most\n efficient tool in detecting anticompetitive agreements. If there is no or little detection of\n anticompetitive behaviour, there are ultimately no victims to compensate. A per-se protection\n of certain documents might jeopardize the effective right to compensation and the\n effectiveness of leniency programmes simultaneously.","location":[["Proposal for a directive","Article 6"]],"meps":[28223],"meta":{"created":"2019-07-03T05:35:08"},"new":["Article 6 deleted"],"old":["Limits on the disclosure of evidence from","the file of a competition authority","1. Member States shall ensure that, for","the purpose of actions for damages,","national courts cannot at any time order a","party or a third party to disclose any of the","following categories of evidence:","(a) leniency corporate statements; and","(b) settlement submissions.","2. Member States shall ensure that, for","the purpose of actions for damages,","national courts can order the disclosure","of the following categories of evidence","only after a competition authority has","closed its proceedings or taken a decision","referred to in Article 5 of Regulation No","1/2003 or in Chapter III of Regulation No","1/2003:","(a) information that was prepared by a","natural or legal person specifically for the","proceedings of a competition authority;","(b) information that was drawn up by a","competition authority in the course of its","proceedings.","3. Disclosure of evidence in the file of a","competition authority that does not fall","into any of the categories listed in","paragraphs 1 or 2 of this Article may be","ordered in actions for damages at any","time."],"orig_lang":"en","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"61","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sylvana Rapti","changes":{},"committee":["IMCO"],"date":"2013-10-18T00:00:00","id":"PE521.778-62","justification":" Although important for the effective public enforcement of competition law, settlement\n submissions are by no way equally significant to the leniency corporate statements. There is a\n fundamental difference of nature and quality between them, since settlement submissions -\n unlike the leniency corporate statements- are not indispensable for the effective detection of\n infringements. Consequently, they should be incorporated in the grey list of Art 6(2), rather\n than the stricter black list.","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 1 \u2013 introductory part"]],"meps":[96925],"meta":{"created":"2019-07-03T05:35:08"},"new":["1. Member States shall ensure that, for the","purpose of actions for damages, national","courts cannot at any time order a party or a","third party to disclose leniency corporate","statements."],"old":["1. Member States shall ensure that, for the","purpose of actions for damages, national","courts cannot at any time order a party or a","third party to disclose any of the following","categories of evidence:"],"orig_lang":"en","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"62","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sylvana Rapti","changes":{},"committee":["IMCO"],"date":"2013-10-18T00:00:00","id":"PE521.778-63","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 1 \u2013 point a"]],"meps":[96925],"meta":{"created":"2019-07-03T05:35:08"},"new":["deleted"],"old":["(a) leniency corporate statements; and"],"orig_lang":"en","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"63","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Olle Schmidt","changes":{},"committee":["IMCO"],"date":"2013-10-18T00:00:00","id":"PE521.778-64","location":[["Proposal for a directive","Article 6 \u2013 paragraph 1 \u2013 point a"]],"meps":[4274],"meta":{"created":"2019-07-03T05:35:08"},"new":["(a) all newly produced incriminating","documents provided by a leniency","applicant; and"],"old":["(a) leniency corporate statements; and"],"orig_lang":"en","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"64","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sylvana Rapti","changes":{},"committee":["IMCO"],"date":"2013-10-18T00:00:00","id":"PE521.778-65","location":[["Proposal for a directive","Article 6 \u2013 paragraph 1 \u2013 point b"]],"meps":[96925],"meta":{"created":"2019-07-03T05:35:08"},"new":["deleted"],"old":["(b) settlement submissions."],"orig_lang":"en","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"65","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2013-10-18T00:00:00","id":"PE521.778-66","justification":" Deletion as consequence of deletion of Art. 6","location":[["Proposal for a directive","Article 7 \u2013 paragraph 1"]],"meps":[28223],"meta":{"created":"2019-07-03T05:35:08"},"new":["deleted"],"old":["1. Member States shall ensure that","evidence falling into one of the categories","listed in Article 6(1) which is obtained by","a natural or legal person solely through","access to the file of a competition","authority in exercise of his rights of","","","defence under Article 27 of Regulation","No 1/2003 or corresponding provisions of","national law is not admissible in actions","for damages."],"orig_lang":"en","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"66","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2013-10-18T00:00:00","id":"PE521.778-67","justification":" Deletion as consequence of deletion of Art. 6","location":[[" Proposal for a directive","Article 7 \u2013 paragraph 2"]],"meps":[28223],"meta":{"created":"2019-07-03T05:35:08"},"new":["deleted"],"old":["2. Member States shall ensure that","evidence falling within one of the","categories listed in Article 6, paragraph 2","which is obtained by a natural or legal","person solely through access to the file of","a competition authority in exercise of his","rights of defence under Article 27 of","Regulation No 1/2003 or corresponding","provisions of national law is not","admissible in actions for damages until","that competition authority has closed its","proceedings or taken a decision referred","to in Article 5 of Regulation No 1/2003 or","in Chapter III of Regulation No 1/2003."],"orig_lang":"en","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"67","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2013-10-18T00:00:00","id":"PE521.778-68","justification":"Adapted as consequence of deletion of Art. 6 and paragraphs 1 and 2 of this Article.","location":[["Proposal for a directive","Article 7 \u2013 paragraph 3"]],"meps":[28223],"meta":{"created":"2019-07-03T05:35:08"},"new":["3. Member States shall ensure that","evidence which is obtained by a natural or","legal person solely through access to the","file of a competition authority in exercise","of his rights of defence under Article 27 of","Regulation No 1/2003 or corresponding","provisions of national law can only be used","in an action for damages by that person or","by the natural or legal person that","succeeded in his rights, including the","person that acquired his claim."],"old":["3. Member States shall ensure that","evidence which is obtained by a natural or","legal person solely through access to the","file of a competition authority in exercise","of his rights of defence under Article 27 of","Regulation No 1/2003 or corresponding","provisions of national law, and which is","not inadmissible pursuant to paragraphs 1","or 2 of this Article, can only be used in an","action for damages by that person or by the","natural or legal person that succeeded in","his rights, including the person that","acquired his claim."],"orig_lang":"en","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"68","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sylvana Rapti","changes":{},"committee":["IMCO"],"date":"2013-10-18T00:00:00","id":"PE521.778-69","location":[["Proposal for a directive","Article 8 \u2013 paragraph 1 \u2013 introductory part"]],"meps":[96925],"meta":{"created":"2019-07-03T05:35:08"},"new":["1. Member States shall ensure that national","courts effectively impose sanctions on","parties, third parties and their legal","representatives in the event of:"],"old":["1. Member States shall ensure that national","courts can impose sanctions on parties,","third parties and their legal representatives","in the event of:"],"orig_lang":"en","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"69","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sylvana Rapti","changes":{},"committee":["IMCO"],"date":"2013-10-18T00:00:00","id":"PE521.778-70","location":[[" Proposal for a directive","Article 8 \u2013 paragraph 1 \u2013 point b \u2013 point iii"]],"meps":[96925],"meta":{"created":"2019-07-03T05:35:08"},"new":["(iii) the destroying party knew or could","reasonably have inferred that the evidence","was of relevance to pending or prospective","actions for damages brought by it or","against it;"],"old":["(iii) the destroying party knew that the","evidence was of relevance to pending or","prospective actions for damages brought by","it or against it;"],"orig_lang":"en","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"70","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2013-10-18T00:00:00","id":"PE521.778-71","justification":"In order to ensure the rights of defence for consumers and undertakings, the binding effect\nshall not apply, when these have not been respected.","location":[[" Proposal for a directive","Article 9 \u2013 paragraph 1"]],"meps":[28223],"meta":{"created":"2019-07-03T05:35:08"},"new":["Member States shall ensure that, where","national courts rule, in actions for damages","under Article 101 or 102 of the Treaty or","under national competition law, on","agreements, decisions or practices which","are already the subject of a final","infringement decision by a national","competition authority or by a review court,","those courts cannot take decisions running","counter to such finding of an infringement.","This obligation is without prejudice to the","rights and obligations under Article 267 of","the Treaty, to the right to an effective","remedy and a fair trial, and the right of","defence, pursuant to Articles 47 and 48 of","the Charter, and to the right to a fair","hearing pursuant to Article 6 of the","ECHR. Accordingly, decisions of national","competition authorities and competition","courts shall be binding provided that there","were no manifest errors in the","investigation and provided that the rights","of the defence were complied with."],"old":["Member States shall ensure that, where","national courts rule, in actions for damages","under Article 101 or 102 of the Treaty or","under national competition law, on","agreements, decisions or practices which","are already the subject of a final","infringement decision by a national","competition authority or by a review court,","those courts cannot take decisions running","counter to such finding of an infringement.","This obligation is without prejudice to the","rights and obligations under Article 267 of","the Treaty."],"orig_lang":"en","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"71","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2013-10-18T00:00:00","id":"PE521.778-72","location":[["Proposal for a directive","Article 10 \u2013 paragraph 2 \u2013 point ii"]],"meps":[28223],"meta":{"created":"2019-07-03T05:35:08"},"new":["(ii) facts qualifying such behaviour as an","infringement of Union or national","competition law;"],"old":["(ii) the qualification of such behaviour as","an infringement of Union or national","competition law;"],"orig_lang":"en","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"72","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Hans-Peter Martin","changes":{},"committee":["IMCO"],"date":"2013-10-18T00:00:00","id":"PE521.778-73","location":[["Proposal for a directive","Article 10 \u2013 paragraph 4"]],"meps":[4238],"meta":{"created":"2019-07-03T05:35:08"},"new":["(4) Member States shall ensure that the","limitation period for bringing an action for","damages is at least five years, and for","complex financial products at least ten","years."],"old":["(4) Member States shall ensure that the","limitation period for bringing an action for","damages is at least five years."],"orig_lang":"de","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"73","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2013-10-18T00:00:00","id":"PE521.778-74","justification":" A limitation period of three years seems sufficient. Firstly, claimants will anyway want to\n claim their damages as soon as possible after a legally binding decision by a competition\n authority and secondly three years leave sufficient time to claimants to prepare their case.","location":[["Proposal for a directive","Article 10 \u2013 paragraph 4"]],"meps":[28223],"meta":{"created":"2019-07-03T05:35:08"},"new":["4. Member States shall ensure that the","limitation period for bringing an action for","damages is at least three years."],"old":["4. Member States shall ensure that the","","limitation period for bringing an action for","damages is at least five years."],"orig_lang":"en","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"74","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sylvana Rapti","changes":{},"committee":["IMCO"],"date":"2013-10-18T00:00:00","id":"PE521.778-75","justification":" Taking on board the complex economic nature and the difficulty to timely raise claims of\n damages stemming from anticompetitive behaviour, given the information asymmetries\n especially for consumers, it is proper to extend the suspension period for one year, in order to\n effectively guarantee the right of claimants to full compensation.","location":[[" Proposal for a directive","Article 10 \u2013 paragraph 5"]],"meps":[96925],"meta":{"created":"2019-07-03T05:35:08"},"new":["5. Member States shall ensure that the","limitation period is suspended if a","competition authority takes action for the","purpose of the investigation or proceedings","in respect of an infringement to which the","action for damages relates. The suspension","shall end at the earliest two years after the","infringement decision has become final or","the proceedings are otherwise terminated."],"old":["5. Member States shall ensure that the","limitation period is suspended if a","competition authority takes action for the","purpose of the investigation or proceedings","in respect of an infringement to which the","action for damages relates. The suspension","shall end at the earliest one year after the","infringement decision has become final or","the proceedings are otherwise terminated."],"orig_lang":"en","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"75","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2013-10-18T00:00:00","id":"PE521.778-76","justification":"The end of the suspension shall be defined precisely. Furthermore, six months seem sufficient\nto achieve the desired aim.","location":[[" Proposal for a directive","Article 10 \u2013 paragraph 5"]],"meps":[28223],"meta":{"created":"2019-07-03T05:35:08"},"new":["5. Member States shall ensure that the","limitation period is suspended if a","competition authority takes action for the","purpose of the investigation or proceedings","in respect of an infringement to which the","action for damages relates. The suspension","shall end six months after the day on","which the infringement decision has","become final or the proceedings are","otherwise terminated."],"old":["5. Member States shall ensure that the","limitation period is suspended if a","competition authority takes action for the","purpose of the investigation or proceedings","in respect of an infringement to which the","action for damages relates. The suspension","shall end at the earliest one year after the","infringement decision has become final or","the proceedings are otherwise terminated."],"orig_lang":"en","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"76","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2013-10-18T00:00:00","id":"PE521.778-77","location":[["Proposal for a directive","Article 10 \u2013 paragraph 5 a (new)"]],"meps":[28223],"meta":{"created":"2019-07-03T05:35:08"},"new":["5a. Notwithstanding paragraphs 1 to 5 of","this Article, actions for damages shall be","instituted within 10 years of the events","that gave rise to them."],"orig_lang":"en","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"77","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Malcolm Harbour","changes":{},"committee":["IMCO"],"date":"2013-10-18T00:00:00","id":"PE521.778-78","justification":" Although the use of passing-on defence, which is available in a number of national EU legal\n systems, is a welcome proposal, the concern that this Amendment seeks to address is that\n legislation at EU level as proposed in this Article may inadvertently favour either the direct\n or indirect purchasers. Although without legislation, there is a risk of inconsistency, it would\n perhaps be better to allow Member States to implement a passing-on defence through EU\n judicial case law.","location":[["Proposal for a directive","Article 12 \u2013 paragraph 1"]],"meps":[4538],"meta":{"created":"2019-07-03T05:35:08"},"new":["1. Member States may provide for","implementing a system, based on judicial","case law, where the defendant in an action","for damages can invoke as a defence","against a claim for damages the fact that","the claimant passed on the whole or part of","the overcharge resulting from the","infringement, in which case, the burden of","proving that the overcharge was passed on","shall rest with the defendant."],"old":["1. Member States shall ensure that the","defendant in an action for damages can","invoke as a defence against a claim for","damages the fact that the claimant passed","on the whole or part of the overcharge","resulting from the infringement. The","burden of proving that the overcharge was","passed on shall rest with the defendant."],"orig_lang":"en","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"78","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2013-10-18T00:00:00","id":"PE521.778-79","justification":" It needs to be clarified that the national court has the power to estimate the share of the\n overcharge which was passed on to remedy to problems such as the asymmetry of\n information.","location":[[" Proposal for a directive","Article 12 \u2013 paragraph 1 a (new)"]],"meps":[28223],"meta":{"created":"2019-07-03T05:35:09"},"new":["1a. Member States shall ensure that the","national court has the power to estimate","which share of that overcharge was","passed on."],"orig_lang":"en","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"79","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2013-10-18T00:00:00","id":"PE521.778-80","justification":"It is difficult to evaluate what would be the definition of a \u2018legal impossibility\u2019. Furthermore,\nlegal obstacles which would make it \u2018legally impossible\u2019 for indirect costumers to claim\ncompensation for their harm suffered would violate the European Court of Justice\u2019s Case law\n(cf Courage and Crehan; Manfredi) and should thus not occur in the first place. The\nproposed wording can lead to awarding compensation to claimants who have not suffered\nany harm and/or to over-compensation.","location":[["Proposal for a directive","Article 12 \u2013 paragraph 2"]],"meps":[28223],"meta":{"created":"2019-07-03T05:35:09"},"new":["deleted"],"old":["2. Insofar as the overcharge has been","passed on to persons at the next level of","the supply chain for whom it is legally","impossible to claim compensation for","their harm, the defendant shall not be","able to invoke the defence referred to in","the preceding paragraph."],"orig_lang":"en","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"80","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2013-10-18T00:00:00","id":"PE521.778-81","justification":" The burden of proof shall be with the indirect purchaser.","location":[["Proposal for a directive","Article 13 \u2013 paragraph 2 \u2013 subparagraph 1 \u2013 introductory part"]],"meps":[28223],"meta":{"created":"2019-07-03T05:35:09"},"new":["In the situation referred to in paragraph 1","of this Article, in order to prove existence","of passing-on, the indirect purchaser shall","at least show all of the following:"],"old":["In the situation referred to in paragraph 1","of this Article, the indirect purchaser shall","be deemed to have proven that a passing-","on to him occurred where he has shown","that:"],"orig_lang":"en","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"81","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Olle Schmidt","changes":{},"committee":["IMCO"],"date":"2013-10-18T00:00:00","id":"PE521.778-82","location":[[" Proposal for a directive","Article 13 \u2013 paragraph 2 \u2013 subparagraph 1 \u2013 point b"]],"meps":[4274],"meta":{"created":"2019-07-03T05:35:09"},"new":["deleted"],"old":["(b) the infringement resulted in an","overcharge for the direct purchaser of the","defendant; and"],"orig_lang":"en","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"82","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2013-10-18T00:00:00","id":"PE521.778-83","justification":" The evidence that an indirect purchaser needs to present in order to prove a passing-on is\n insufficient. The bare conditions of (a) the existence of an infringement, (b) an overcharge for\n the direct purchaser due to this infringement and (c) the fact that goods or services that were\n the subject of or derived from the infringement, were purchased are insufficient to prove a\n passing-on to the indirect purchaser.","location":[[" Proposal for a directive","Article 13 \u2013 paragraph 2 \u2013 subparagraph 1 \u2013 point c a (new)"]],"meps":[28223],"meta":{"created":"2019-07-03T05:35:09"},"new":["(ca) he purchased those goods or services","from the direct purchaser or from another","indirect purchaser who is directly linked","through the supply chain to the","defendant; and"],"orig_lang":"en","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"83","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2013-10-18T00:00:00","id":"PE521.778-84","justification":"The evidence that an indirect purchaser needs to present in order to prove a passing-on is\ninsufficient. The bare conditions of (a) the existence of an infringement, (b) an overcharge for\nthe direct purchaser due to this infringement and (c) the fact that goods or services that were\nthe subject of or derived from the infringement, were purchased are insufficient to prove a\npassing-on to the indirect purchaser. He has to prove that he purchased the goods with an\novercharge.","location":[["Proposal for a directive","Article 13 \u2013 paragraph 2 \u2013 subparagraph 1 \u2013 point c b (new)"]],"meps":[28223],"meta":{"created":"2019-07-03T05:35:09"},"new":["(cb) he purchased those goods or services","with an overcharge."],"orig_lang":"en","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"84","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sylvana Rapti","changes":{},"committee":["IMCO"],"date":"2013-10-18T00:00:00","id":"PE521.778-85","location":[["Proposal for a directive","Article 13 \u2013 paragraph 2 \u2013 subparagraph 2"]],"meps":[96925],"meta":{"created":"2019-07-03T05:35:09"},"new":["Member States shall ensure that the court","has the power to estimate which share of","that overcharge was passed on. The courts","should be assisted in this rather complex","task by clear, simple, comprehensible,","easily applicable and sufficiently updated","guidance issued by the Commission."],"old":["Member States shall ensure that the court","has the power to estimate which share of","that overcharge was passed on."],"orig_lang":"en","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"85","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2013-10-18T00:00:00","id":"PE521.778-86","justification":" Overcompensation needs to be prevented as it would harm the objective of a level-playing\n field in the internal market.","location":[[" Proposal for a directive","Article 15 \u2013 paragraph 1 a (new)"]],"meps":[28223],"meta":{"created":"2019-07-03T05:35:09"},"new":["1a. Article 12 and Article 13 shall not","detain Member States from introducing","rules which would preclude double","payment of compensation for damages","when compensation has already been paid","either to the direct or indirect purchaser."],"orig_lang":"en","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"86","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Malcolm Harbour","changes":{},"committee":["IMCO"],"date":"2013-10-18T00:00:00","id":"PE521.778-87","justification":" It is a long standing general legal principle throughout the EU that it is the responsibility of\n claimants to prove the level of loss. The Commission\u2019s proposal goes against this and would\n lead to bias in the regime. Furthermore, the defendant would need substantial economic\n evidence to rebut such a presumption and there would be significant difficulties in\n introducing such presumption where they may be more than one layer of purchaser (e.g. a\n supplier, a retailer and a consumer).","location":[[" Proposal for a directive","Article 16 \u2013 paragraph 1"]],"meps":[4538],"meta":{"created":"2019-07-03T05:35:09"},"new":["deleted"],"old":["1. Member States shall ensure that, in the","case of a cartel infringement, it shall be","presumed that the infringement caused","harm. The infringing undertaking shall","have the right to rebut this presumption."],"orig_lang":"en","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"87","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sylvana Rapti","changes":{},"committee":["IMCO"],"date":"2013-10-18T00:00:00","id":"PE521.778-88","location":[["Proposal for a directive","Article 16 \u2013 paragraph 1"]],"meps":[96925],"meta":{"created":"2019-07-03T05:35:09"},"new":["1. Member States shall ensure that, in the","case of a hardcore by object infringement,","it shall be presumed that the infringement","caused harm. The infringing undertaking","shall have the right to rebut this","presumption."],"old":["1. Member States shall ensure that, in the","case of a cartel infringement, it shall be","presumed that the infringement caused","harm. The infringing undertaking shall","have the right to rebut this presumption."],"orig_lang":"en","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"88","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2013-10-18T00:00:00","id":"PE521.778-89","justification":"A rebuttable presumption that \u2018in the case of a cartel infringement\u2019 harm was caused, is a\ngeneralisation of reality, which is not entirely accurate. No economic evidence exists that all\ncartels cause harm. The Commission fines very diverging anticompetitive agreements or\narrangements: hardcore price cartels and looser forms of contact between competitors. Not\nall of these types necessarily have an economic impact. Moreover no guidance is giving as\nhow to a defendant can rebut this presumption.","location":[["Proposal for a directive","Article 16 \u2013 paragraph 1"]],"meps":[28223],"meta":{"created":"2019-07-03T05:35:09"},"new":["1. Member States shall provide that","national courts be granted the power to","establish the existence, and estimate the","amount, of harm taking into account the","presentation of evidence by the parties."],"old":["1. Member States shall ensure that, in the","case of a cartel infringement, it shall be","presumed that the infringement caused","harm. The infringing undertaking shall","have the right to rebut this presumption."],"orig_lang":"en","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"89","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2013-10-18T00:00:00","id":"PE521.778-90","justification":" Deletion as consequence to change in Article 16 (1).","location":[[" Proposal for a directive","Article 16 \u2013 paragraph 2"]],"meps":[28223],"meta":{"created":"2019-07-03T05:35:09"},"new":["2. Member States shall ensure that the","burden and the level of proof and of fact-","pleading required for the quantification of","harm does not render the exercise of the","injured party\u2019s right to damages practically","impossible or excessively difficult."],"old":["2. Member States shall ensure that the","burden and the level of proof and of fact-","pleading required for the quantification of","harm does not render the exercise of the","injured party\u2019s right to damages practically","impossible or excessively difficult.","Member States shall provide that the","court be granted the power to estimate the","amount of harm."],"orig_lang":"en","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"90","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2013-10-18T00:00:00","id":"PE521.778-91","justification":"In the interest of consumers and undertakings, compensation of damages needs to be cost-\neffective, timely and efficient. Therefore early consensual dispute resolution needs to be\nencouraged by giving an incentive linked to the fine set by the competition authorities to\nensure such a cost-effective, timely and efficient compensation. If the CA considers the\ncompensation paid as accurate and lawful, it should subsequently take it into account when\ndefining its fine.","location":[[" Proposal for a directive","Article 17 \u2013 paragraph 2 a (new)"]],"meps":[28223],"meta":{"created":"2019-07-03T05:35:09"},"new":["2a. Member States shall ensure that","competition authorities forming part of","the network of public authorities applying","the Union competition rules may suspend","proceedings where the parties to those","proceedings are involved in consensual","dispute resolution proceedings concerning","a claim for damages. The compensation","paid or to be paid to victims pursuant to","such proceedings shall be considered to","be a mitigating factor when establishing","the level of the fine."],"orig_lang":"en","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"91","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2013-10-18T00:00:00","id":"PE521.778-92","justification":"The possibility that in the case that non-settling co-infringers are not able to pay the damages\ncorresponding to the remaining claim, the settling co-infringer can although he had settled\nbefore, be held to pay damages to the settling injured party shall be deleted as it will\ndisincentive settlements, which runs counter the European Commission\u2019s initial goal.","location":[["Proposal for a directive","Article 18 \u2013 paragraph 1"]],"meps":[28223],"meta":{"created":"2019-07-03T05:35:09"},"new":["1. Member States shall ensure that,","following a consensual settlement, the","claim of the settling injured party is","reduced by the settling co-infringer\u2019s share","of the harm that the infringement inflicted","upon the injured party. Non-settling co-","infringers cannot recover contribution from","the settling co-infringer for the remaining","claim."],"old":["1. Member States shall ensure that,","following a consensual settlement, the","claim of the settling injured party is","reduced by the settling co-infringer\u2019s share","of the harm that the infringement inflicted","upon the injured party. Non-settling co-","infringers cannot recover contribution from","the settling co-infringer for the remaining","claim. Only when the non-settling co-","infringers are not able to pay the damages","that correspond to the remaining claim","can the settling co-infringer be held to pay","damages to the settling injured party."],"orig_lang":"en","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"92","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sylvana Rapti","changes":{},"committee":["IMCO"],"date":"2013-10-18T00:00:00","id":"PE521.778-93","location":[[" Proposal for a directive","Article 19 \u2013 paragraph 1"]],"meps":[96925],"meta":{"created":"2019-07-03T05:35:09"},"new":["The Commission shall review this","Directive and report to the European","Parliament and the Council by [...] at the","latest [to be calculated as 5 years after the","date set as the deadline for transposition of","this Directive.]","The Report shall be accompanied by a","coherent post-implementation assessment","of the functioning of collective redress","and collective ADR mechanisms within","the competition sector, with particular","evaluation of the essence of widening the","application of such mechanisms in other","sectors as well or establishing such a","mechanism at EU level, to secure effective","consumer protection and a balanced","operation of the internal market."],"old":["The Commission shall review this","Directive and report to the European","Parliament and the Council by [...] at the","latest [to be calculated as 5 years after the","date set as the deadline for transposition of","this Directive.]"],"orig_lang":"en","peid":"PE521.778v01-00","reference":"2013/0185(COD)","seq":"93","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-521.778+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sharon Bowles","changes":{},"committee":["JURI"],"date":"2013-12-20T00:00:00","id":"PE526.199-23","location":[["Proposal for a directive","Recital 3"]],"meps":[33570],"meta":{"created":"2019-07-03T05:49:17"},"new":["(3) Articles 101 and 102 of the Treaty","produce direct effects in relations between","individuals and create, for the individuals","concerned, rights and obligations which","national courts must enforce. National","courts thus have an equally essential part to","play in applying the competition rules","(private enforcement). When ruling on","disputes between private individuals, they","protect subjective rights under Union law,","for example by awarding damages to the","victims of infringements. The full","effectiveness of Articles 101 and 102 of the","Treaty, and in particular the practical effect","of the prohibitions laid down therein,","requires that anyone - be they an","individual, including consumers and","undertakings, or a public authority - can","claim compensation before national courts","for the harm caused to them by an","infringement of those provisions in either","a direct or a follow-on case. This Union","right to compensation applies equally to","breaches of Articles 101 and 102 by public","undertakings or undertakings entrusted","with special or exclusive rights by Member","States within the meaning of Article 106 of","the Treaty."],"old":["(3) Articles 101 and 102 of the Treaty","produce direct effects in relations between","individuals and create, for the individuals","concerned, rights and obligations which","national courts must enforce. National","courts thus have an equally essential part to","play in applying the competition rules","(private enforcement). When ruling on","disputes between private individuals, they","protect subjective rights under Union law,","for example by awarding damages to the","victims of infringements. The full","effectiveness of Articles 101 and 102 of the","Treaty, and in particular the practical effect","of the prohibitions laid down therein,","requires that anyone - be they an","individual, including consumers and","undertakings, or a public authority - can","claim compensation before national courts","for the harm caused to them by an","infringement of those provisions. This","Union right to compensation applies","equally to breaches of Articles 101 and 102","by public undertakings or undertakings","entrusted with special or exclusive rights","by Member States within the meaning of","Article 106 of the Treaty."],"orig_lang":"en","peid":"PE526.199v01-00","reference":"2013/0185(COD)","seq":"23","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-526.199+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Eva Lichtenberger on behalf of the Greens/EFA Group","changes":{},"committee":["JURI"],"date":"2013-12-20T00:00:00","id":"PE526.199-24","location":[["Proposal for a directive","Recital 4"]],"meps":[28253],"meta":{"created":"2019-07-03T05:49:17"},"new":["(4) The Union right to compensation for","antitrust harm requires each Member State","to have procedural rules ensuring the","effective exercise of that right. The need","for effective procedural remedies also","follows from the right to effective judicial","protection as laid down in Article 47, first","paragraph, of the Charter of Fundamental","Rights of the European Union53and in","Article 19(1), second subparagraph of the","Treaty on European Union. Member States","should ensure effective legal protection in","the fields covered by Union law","__________________","53","OJ C 326, 26.10.2012, p. 391. OJ C 326, 26.10.2012, p. 391."],"old":["(4) The Union right to compensation for","antitrust harm requires each Member State","to have procedural rules ensuring the","effective exercise of that right. The need","for effective procedural remedies also","follows from the right to effective judicial","protection as laid down in Article 47, first","paragraph, of the Charter of Fundamental","Rights of the European Union53 and in","Article 19(1), second subparagraph of the","Treaty on European Union.","__________________","53"],"orig_lang":"en","peid":"PE526.199v01-00","reference":"2013/0185(COD)","seq":"24","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-526.199+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sharon Bowles","changes":{},"committee":["JURI"],"date":"2013-12-20T00:00:00","id":"PE526.199-25","location":[[" Proposal for a directive","Recital 4 a (new)"]],"meps":[33570],"meta":{"created":"2019-07-03T05:49:17"},"new":["(4a) Actions for damages are only one","element of an effective system of private","enforcement of breaches of competition","law and are accompanied by non-court","based avenues of redress, such as","consensual dispute resolution or public","enforcement decisions that incentivise","parties to provide compensation."],"orig_lang":"en","peid":"PE526.199v01-00","reference":"2013/0185(COD)","seq":"25","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-526.199+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Bernhard Rapkay","changes":{},"committee":["JURI"],"date":"2013-12-20T00:00:00","id":"PE526.199-26","location":[["Proposal for a directive","Recital 4 a (new)"]],"meps":[1906],"meta":{"created":"2019-07-03T05:49:17"},"new":["(4a) Whereas Member States should be","encouraged to maintain or introduce","collective redress schemes for the purpose","of strengthening the claimants'","possibilities to bring actions for damages","for infringement of competition law,","common rules are required at Union level","in order to allow damaged parties in all","Member States to avail themselves of such","schemes in order to ensure greater","equality of arms between the parties to the","dispute. In order to preserve the","consumers' right of choice and avoid","abusive use, such schemes should comply","with the framework set out by European","Commission Recommendation","2013/396/EU."],"orig_lang":"en","peid":"PE526.199v01-00","reference":"2013/0185(COD)","seq":"26","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-526.199+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Eva Lichtenberger on behalf of the Greens/EFA Group","changes":{},"committee":["JURI"],"date":"2013-12-20T00:00:00","id":"PE526.199-27","location":[["Proposal for a directive","Recital 5"]],"meps":[28253],"meta":{"created":"2019-07-03T05:49:17"},"new":["(5) To ensure effective private enforcement","actions under civil law and effective","public enforcement by competition","authorities, both tools are required to","interact to ensure maximum effectiveness","of the competition rules. It is necessary to","regulate the way the two forms of","enforcement are coordinated, for instance","the arrangements for access to documents","held by competition authorities. Such","coordination at Union level will also avoid","divergence of applicable rules, which could","jeopardise the proper functioning of the","internal market."],"old":["(5) To ensure effective public and private","enforcement of the competition rules, it is","necessary to regulate the way the two","forms of enforcement are coordinated, for","instance the arrangements for access to","documents held by competition authorities.","Such coordination at Union level will also","avoid divergence of applicable rules, which","could jeopardise the proper functioning of","the internal market.",""],"orig_lang":"en","peid":"PE526.199v01-00","reference":"2013/0185(COD)","seq":"27","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-526.199+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sharon Bowles","changes":{},"committee":["JURI"],"date":"2013-12-20T00:00:00","id":"PE526.199-28","justification":" Similar procedures are already carried out in the enforcement of intellectual property rights\n and so regard should be had to this similarity, as well as to the fact that the disclosure\n provisions given in the legislation mentioned are sufficient in that field.","location":[[" Proposal for a directive","Recital 5 a (new)"]],"meps":[33570],"meta":{"created":"2019-07-03T05:49:17"},"new":["(5a) Mass and dispersed damages,","information asymmetries and other","problems encountered in prosecuting","damages claims occur in EC competition","law. To mitigate these, competition torts","should be treated consistently with other","torts insofar as possible, paying regard to","particular complexities and difficulties","associated with competition law","enforcement, especially as regards stand-","alone damages actions. Furthermore, the","disclosure provisions of Directive","2004/48/EC of the European Parliament","and of the Council of 29 April 2004 on the","enforcement of intellectual property rights","and the Second Venice Resolution of","European Patent Judges adopted on 4","November 2006 fit well with the","requirements of competition actions. In","the interests of individuals and SMEs,","procedural complexity should be avoided."],"orig_lang":"en","peid":"PE526.199v01-00","reference":"2013/0185(COD)","seq":"28","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-526.199+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Eva Lichtenberger","changes":{},"committee":["JURI"],"compromise":["on behalf of the Greens/EFA Group"],"date":"2013-12-20T00:00:00","id":"PE526.199-29","location":[["Proposal for a directive","Recital 6"]],"meps":[28253],"meta":{"created":"2019-07-03T05:49:17"},"new":["(6) In accordance with Article 26(2) of the","Treaty, the internal market comprises an","area without internal frontiers in which the","free movement of goods, persons, services","and capital is ensured. There exist marked","differences between the rules in the","Member States governing actions for","damages for infringements of national or","Union competition law. Those differences","lead to uncertainty concerning the actual","effect of competition infringements on the","business sector inflicted and the","conditions under which injured parties can","exercise the right to compensation they","derive from the Treaty, and affect the","substantive effectiveness of such rights.","The additional information asymmetry","and the difficulties associated with","quantifying antitrust harm injured parties","often choose the forum of their Member","State of establishment to claim damages,","the discrepancies between the national","rules lead to an uneven playing field,","distort competition and reducing","consumer confident as regards actions for","damages and may affect competition on the","markets on which these injured parties, as","well as the infringing undertakings,","operate. The lack of common unified and","horizontal legal principles on redress to","assure that the companies whom breaches","the competition law and hold a profit on","such activities at the cost of law abiding","businesses, are not the ones to continue to","benefit from the lack of legal consistency","within the Union."],"old":["(6) In accordance with Article 26(2) of the","Treaty, the internal market comprises an","area without internal frontiers in which the","free movement of goods, persons, services","and capital is ensured. There exist marked","differences between the rules in the","Member States governing actions for","damages for infringements of national or","Union competition law. Those differences","lead to uncertainty concerning the","conditions under which injured parties can","exercise the right to compensation they","derive from the Treaty, and affect the","substantive effectiveness of such right. As","injured parties often choose the forum of","their Member State of establishment to","claim damages, the discrepancies between","the national rules lead to an uneven playing","field as regards actions for damages and","may affect competition on the markets on","which these injured parties, as well as the","infringing undertakings, operate."],"orig_lang":"en","peid":"PE526.199v01-00","reference":"2013/0185(COD)","seq":"29","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-526.199+01+DOC+PDF+V0//EN&language=EN"},{"authors":" J\u00fcrgen Klute","changes":{},"committee":["JURI"],"date":"2013-12-20T00:00:00","id":"PE526.199-30","location":[[" Proposal for a directive","Recital 8"]],"meps":[96769],"meta":{"created":"2019-07-03T05:49:17"},"new":["(8) It is therefore necessary to ensure a","more level playing field for undertakings","operating in the internal market and to","improve the conditions for consumers to","exercise the rights they derive from the","internal market. 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It is also appropriate to","increase legal certainty and to reduce the","differences between the Member States as","to the national rules governing actions for","damages for infringements of European","competition law and, when applied in","parallel to the latter, national competition","law. 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It is also appropriate to","increase legal certainty and to reduce the","","differences between the Member States as","to the national rules governing actions for","damages for infringements of European","competition law and, when applied in","parallel to the latter, national competition","law. An approximation of these rules will","also help to prevent the emergence of","wider differences between the Member","States' rules governing actions for damages","in competition cases."],"orig_lang":"en","peid":"PE526.199v01-00","reference":"2013/0185(COD)","seq":"31","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-526.199+01+DOC+PDF+V0//EN&language=EN"},{"authors":"J\u00fcrgen Klute","changes":{},"committee":["JURI"],"date":"2013-12-20T00:00:00","id":"PE526.199-32","location":[["Proposal for a directive","Recital 11"]],"meps":[96769],"meta":{"created":"2019-07-03T05:49:17"},"new":["(11) This Directive reaffirms the acquis","communautaire on the Union right to","compensation for harm caused by","infringements of Union competition law,","particularly regarding standing and the","definition of damage, as it has been stated","in the case-law of the Court of Justice of","the European Union, and does not pre-empt","any further development thereof. 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Anyone","who has suffered harm caused by an","infringement can claim compensation for","the actual loss (damnum emergens), for the","gain of which he has been deprived (loss of","profit or lucrum cessans) and payment of","interest accruing from the time the harm","occurred until compensation is paid. This","right is recognised for any natural or legal","person - consumers, undertakings and","public authorities alike - irrespective of the","existence of a direct contractual","relationship with the infringing","undertaking, and regardless of whether or","","not there has been a prior finding of an","infringement by a competition authority.","This Directive should not require Member","States to introduce collective redress","mechanisms for the enforcement of","Articles 101 and 102 of the Treaty."],"orig_lang":"en","peid":"PE526.199v01-00","reference":"2013/0185(COD)","seq":"32","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-526.199+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Eva Lichtenberger on behalf of the Greens/EFA Group","changes":{},"committee":["JURI"],"date":"2013-12-20T00:00:00","id":"PE526.199-33","location":[[" Proposal for a directive","Recital 11"]],"meps":[28253],"meta":{"created":"2019-07-03T05:49:17"},"new":["(11) This Directive reaffirms the acquis","communautaire on the Union right to","compensation for harm caused by","infringements of Union competition law,","particularly regarding standing and the","definition of damage, as it has been stated","in the case-law of the Court of Justice of","the European Union, and does not pre-empt","any further development thereof. 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This","right is recognised for any natural or legal","person - consumers, undertakings and","public authorities alike - irrespective of the","existence of a direct contractual","relationship with the infringing","undertaking, and regardless of whether or","not there has been a prior finding of an","infringement by a competition authority."],"old":["(11) This Directive reaffirms the acquis","communautaire on the Union right to","compensation for harm caused by","infringements of Union competition law,","particularly regarding standing and the","definition of damage, as it has been stated","in the case-law of the Court of Justice of","the European Union, and does not pre-empt","any further development thereof. Anyone","who has suffered harm caused by an","infringement can claim compensation for","the actual loss (damnum emergens), for the","gain of which he has been deprived (loss of","profit or lucrum cessans) and payment of","interest accruing from the time the harm","occurred until compensation is paid. This","right is recognised for any natural or legal","person - consumers, undertakings and","public authorities alike - irrespective of the","existence of a direct contractual","relationship with the infringing","undertaking, and regardless of whether or","not there has been a prior finding of an","infringement by a competition authority.","This Directive should not require Member","States to introduce collective redress","mechanisms for the enforcement of","Articles 101 and 102 of the Treaty."],"orig_lang":"en","peid":"PE526.199v01-00","reference":"2013/0185(COD)","seq":"33","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-526.199+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Eva Lichtenberger on behalf of the Greens/EFA Group","changes":{},"committee":["JURI"],"date":"2013-12-20T00:00:00","id":"PE526.199-34","location":[["Proposal for a directive","Recital 11 a (new)"]],"meps":[28253],"meta":{"created":"2019-07-03T05:49:18"},"new":["(11a) SMEs and consumers suffer","damage because of legal ineffectiveness","due to lack of cost effective enforcement","of Article 101 and 102 of the Treaty. This","imbalance gives opportunity for large","companies to exploit their size and","financial positions in the internal market","towards SMEs. The collective redress","procedures for access to justice, especially","for SMEs and consumers, are vital factors","in order to preserve consumers' right of","choice and avoid abusive acts, to enforce","legal rights. The aims of the proposed","directive may not be fully reached if","collective redress is not available to SMEs","and consumers to initiate legal procedures","for damages for competition law","infringements; the Commission shall","launch a study assessing how Member","States apply collective redress procedures","to private damage claims for the","enforcement of infringements to Articles","101 and 102 of the Treaty. Member States","should ensure that all injured parties","proficiently and cost effective can exercise","their claims for damages. This includes","assessing the possibilities of making","collective redress procedures available for","private damages claims."],"orig_lang":"en","peid":"PE526.199v01-00","reference":"2013/0185(COD)","seq":"34","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-526.199+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sharon Bowles","changes":{},"committee":["JURI"],"date":"2013-12-20T00:00:00","id":"PE526.199-35","location":[[" Proposal for a directive","Recital 11 a (new)"]],"meps":[33570],"meta":{"created":"2019-07-03T05:49:18"},"new":["(11a) Achieving a 'once-and-for-all'","settlement for defendants is desirable with","a view to reducing uncertainty and an","exaggerated economic effect that might","impact on employees, suppliers,","subcontractors and other innocent parties."],"orig_lang":"en","peid":"PE526.199v01-00","reference":"2013/0185(COD)","seq":"35","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-526.199+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Klaus-Heiner Lehne","changes":{},"committee":["JURI"],"date":"2013-12-20T00:00:00","id":"PE526.199-36","location":[[" Proposal for a directive","Recital 13"]],"meps":[2224],"meta":{"created":"2019-07-03T05:49:18"},"new":["(13) Evidence is an important element for","bringing actions for damages for","infringement of national or Union","competition law. However, as antitrust","litigation is characterised by an information","asymmetry, it is appropriate to ensure that","injured parties are afforded the right to","obtain the disclosure of evidence relevant","to their claim. In order to ensure equality of","arms, those means should also be available","to defendants in actions for damages, so","that they can request the disclosure of","evidence by those injured parties. National","courts can also order evidence to be","disclosed by third parties. Where the","national court wishes to order disclosure of","evidence by the Commission, the principle","of sincere cooperation between the","European Union and the Member States","(Article 4(3) TEU) and Article 15(1) of","Regulation No 1/2003 as regards requests","for information are applicable."],"old":["(13) Evidence is an important element for","bringing actions for damages for","infringement of national or Union","competition law. However, as antitrust","litigation is characterised by an information","asymmetry, it is appropriate to ensure that","injured parties are afforded the right to","obtain the disclosure of evidence relevant","to their claim, without it being necessary","for them to specify individual items of","evidence. In order to ensure equality of","arms, those means should also be available","to defendants in actions for damages, so","that they can request the disclosure of","evidence by those injured parties. National","courts can also order evidence to be","disclosed by third parties. Where the","national court wishes to order disclosure of","evidence by the Commission, the principle","of sincere cooperation between the","European Union and the Member States","(Article 4(3) TEU) and Article 15(1) of","Regulation No 1/2003 as regards requests","for information are applicable."],"orig_lang":"en","peid":"PE526.199v01-00","reference":"2013/0185(COD)","seq":"36","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-526.199+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sharon Bowles","changes":{},"committee":["JURI"],"date":"2013-12-20T00:00:00","id":"PE526.199-37","location":[["Proposal for a directive","Recital 14"]],"meps":[33570],"meta":{"created":"2019-07-03T05:49:18"},"new":["(14) Relevant evidence should be disclosed","upon decision of the court and under its","strict control, especially as regards the","necessity and proportionality of the","disclosure measure. It follows from the","requirement of proportionality that","disclosure requests can only be triggered","once an injured party has provided a","reasoned justification, on the basis of facts","which are reasonably available to him, that","the party has suffered harm that was caused","by the defendant. The request for","disclosure should refer to evidence which","is defined as precisely and narrowly as","possible on the basis of reasonably","available facts."],"old":["(14) Relevant evidence should be disclosed","upon decision of the court and under its","strict control, especially as regards the","necessity and proportionality of the","disclosure measure. It follows from the","requirement of proportionality that","disclosure requests can only be triggered","once an injured party has made it","plausible, on the basis of facts which are","reasonably available to him, that the party","has suffered harm that was caused by the","defendant. The request for disclosure","should refer to categories of evidence","which are as precise and narrow as","possible on the basis of reasonably","available facts."],"orig_lang":"en","peid":"PE526.199v01-00","reference":"2013/0185(COD)","seq":"37","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-526.199+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Klaus-Heiner Lehne","changes":{},"committee":["JURI"],"date":"2013-12-20T00:00:00","id":"PE526.199-38","location":[["Proposal for a directive","Recital 14"]],"meps":[2224],"meta":{"created":"2019-07-03T05:49:18"},"new":["(14) Relevant evidence should be disclosed","upon decision of the court and under its","strict control, especially as regards the","necessity and proportionality of the","disclosure measure. It follows from the","requirement of proportionality that","disclosure requests can only be triggered","once an injured party has made it plausible,","on the basis of facts which are reasonably","available to him, that the party has suffered","harm that was caused by the defendant."],"old":["(14) Relevant evidence should be disclosed","upon decision of the court and under its","strict control, especially as regards the","necessity and proportionality of the","disclosure measure. It follows from the","requirement of proportionality that","disclosure requests can only be triggered","once an injured party has made it plausible,","","on the basis of facts which are reasonably","available to him, that the party has suffered","harm that was caused by the defendant.","The request for disclosure should refer to","categories of evidence which are as","precise and narrow as possible on the","basis of reasonably available facts."],"orig_lang":"en","peid":"PE526.199v01-00","reference":"2013/0185(COD)","seq":"38","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-526.199+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Klaus-Heiner Lehne","changes":{},"committee":["JURI"],"date":"2013-12-20T00:00:00","id":"PE526.199-39","location":[[" Proposal for a directive","Recital 15"]],"meps":[2224],"meta":{"created":"2019-07-03T05:49:18"},"new":["(15) The requirement of proportionality","should also be carefully assessed when","disclosure risks unravelling the","investigation strategy of a competition","authority by revealing which documents","are part of the file or causing a negative","bearing on the way in which companies","cooperate with the competition authority."],"old":["(15) The requirement of proportionality","should also be carefully assessed when","disclosure risks unravelling the","investigation strategy of a competition","authority by revealing which documents","are part of the file or causing a negative","bearing on the way in which companies","cooperate with the competition authority.","The disclosure request should therefore","not be deemed proportionate when it","refers to the generic disclosure of","documents in the file of a competition","authority relating to a certain case, or of","documents submitted by a party in the","context of a certain case. Such wide","disclosure requests would also not be","compatible with the requesting party's","duty to specify categories of evidence as","precisely and narrowly as possible."],"orig_lang":"en","peid":"PE526.199v01-00","reference":"2013/0185(COD)","seq":"39","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-526.199+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sharon Bowles","changes":{},"committee":["JURI"],"date":"2013-12-20T00:00:00","id":"PE526.199-40","justification":"Redaction is a tool currently used.","location":[[" Proposal for a directive","Recital 17"]],"meps":[33570],"meta":{"created":"2019-07-03T05:49:18"},"new":["(17) While relevant evidence containing","business secrets or otherwise confidential","information should in principle be","available in actions for damages, such","confidential information needs to be","appropriately protected. National courts","should therefore have at their disposal a","range of measures to protect such","confidential information from being","disclosed during the proceedings. These","may include the possibility of hearings in","private, redacting that confidential","information, restricting the circle of","persons entitled to see the evidence, and","instruction of experts to produce","summaries of the information in an","aggregated or otherwise non-confidential","form. Measures protecting business secrets","and other confidential information should","not practically impede the exercise of the","right to compensation."],"old":["(17) While relevant evidence containing","business secrets or otherwise confidential","information should in principle be","available in actions for damages, such","confidential information needs to be","appropriately protected. National courts","should therefore have at their disposal a","range of measures to protect such","confidential information from being","disclosed during the proceedings. These","may include the possibility of hearings in","private, restricting the circle of persons","entitled to see the evidence, and instruction","of experts to produce summaries of the","information in an aggregated or otherwise","non-confidential form. Measures protecting","business secrets and other confidential","information should not practically impede","the exercise of the right to compensation."],"orig_lang":"en","peid":"PE526.199v01-00","reference":"2013/0185(COD)","seq":"40","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-526.199+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Rebecca Taylor, Sharon Bowles, Sajjad Karim","changes":{},"committee":["JURI"],"date":"2013-12-20T00:00:00","id":"PE526.199-41","location":[["Proposal for a directive","Recital 17 a (new)"]],"meps":[112620,33570,28481],"meta":{"created":"2019-07-03T05:49:18"},"new":["(17a) When applying for leniency or","settlement procedure, an undertaking","needs to have an unequivocal upfront","legal certainty that its self-incriminating","corporate statements are not revealed to","third parties. Victims should be given","access to any other information useful to","prove their claims. The protection of self-","incriminating corporate statements","ensures undertakings continue","cooperating with public authorities, thus","enabling them to pursue more cartels and","therefore empowering victims to gain","redress."],"old":["",""],"orig_lang":"en","peid":"PE526.199v01-00","reference":"2013/0185(COD)","seq":"41","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-526.199+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Eva Lichtenberger on behalf of the Greens/EFA Group","changes":{},"committee":["JURI"],"date":"2013-12-20T00:00:00","id":"PE526.199-42","location":[[" Proposal for a directive","Recital 19"]],"meps":[28253],"meta":{"created":"2019-07-03T05:49:18"},"new":["(19) Leniency programmes and settlement","procedures can be some of the tools for the","public enforcement of Union competition","law if they contribute to the detection,","efficient prosecution and sanctioning of the","most serious competition law","infringements and if they contribute in","having companies preliminary to report","suspicions of possible own breach to","prevent infringements of the Unions","competition law ."],"old":["(19) Leniency programmes and settlement","procedures are important tools for the","public enforcement of Union competition","law as they contribute to the detection,","efficient prosecution and sanctioning of the","most serious competition law","infringements. Undertakings may be","deterred from co-operating in this context","if disclosure of documents they solely","produce to this end were to expose them to","civil liability under worse conditions than","the co-infringers that do not co-operate","with competition authorities. To ensure","that undertakings are willing to produce","voluntary statements acknowledging their","participation in an infringement of Union","or national competition law to a","competition authority under a leniency","programme or a settlement procedure,","such statements should be excepted from","disclosure of evidence."],"orig_lang":"en","peid":"PE526.199v01-00","reference":"2013/0185(COD)","seq":"42","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-526.199+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Klaus-Heiner Lehne","changes":{},"committee":["JURI"],"date":"2013-12-20T00:00:00","id":"PE526.199-43","location":[["Proposal for a directive","Recital 19"]],"meps":[2224],"meta":{"created":"2019-07-03T05:49:19"},"new":["(19) Leniency programmes and settlement","procedures are important tools for the","public enforcement of Union competition","law as they contribute to the detection,","efficient prosecution and sanctioning of the","most serious competition law","infringements. Undertakings may be","deterred from co-operating in this context","if disclosure of documents they solely","produce to this end were to expose them to","civil liability under worse conditions than","the co-infringers that do not co-operate","with competition authorities. To ensure","that undertakings are willing to produce","voluntary statements acknowledging their","participation in an infringement of Union","or national competition law to a","competition authority under a leniency","programme or a settlement procedure,","courts should assess whether such","statements should be excepted from","disclosure of evidence."],"old":["(19) Leniency programmes and settlement","procedures are important tools for the","public enforcement of Union competition","law as they contribute to the detection,","efficient prosecution and sanctioning of the","most serious competition law","infringements. Undertakings may be","deterred from co-operating in this context","if disclosure of documents they solely","produce to this end were to expose them to","civil liability under worse conditions than","the co-infringers that do not co-operate","with competition authorities. To ensure","that undertakings are willing to produce","voluntary statements acknowledging their","participation in an infringement of Union","or national competition law to a","competition authority under a leniency","programme or a settlement procedure, such","statements should be excepted from","disclosure of evidence."],"orig_lang":"en","peid":"PE526.199v01-00","reference":"2013/0185(COD)","seq":"43","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-526.199+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Klaus-Heiner Lehne","changes":{},"committee":["JURI"],"date":"2013-12-20T00:00:00","id":"PE526.199-44","location":[["Proposal for a directive","Recital 24"]],"meps":[2224],"meta":{"created":"2019-07-03T05:49:19"},"new":["deleted"],"old":["(24) Making a claim for damages, or the","start of an investigation by a competition","authority, entails a risk that the","undertakings concerned may destroy or","hide evidence that would be useful in","substantiating an injured party's claim for","damages. To prevent the destruction of","relevant evidence and to ensure that court","","orders requesting disclosure are complied","with, courts should be able to impose","sufficiently deterrent sanctions. Insofar as","parties to the proceedings are concerned,","the risk of adverse inferences being drawn","in the proceedings for damages can be a","particularly effective sanction and can","avoid delays. Sanctions should also be","available for non-compliance with","obligations to protect confidential","information and for abusive use of","information obtained through disclosure.","Similarly, sanctions should be available if","information obtained through access to","the file of a competition authority in the","exercise of one's rights of defence in","relation to investigations of that","competition authority is used abusively in","actions for damages."],"orig_lang":"en","peid":"PE526.199v01-00","reference":"2013/0185(COD)","seq":"44","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-526.199+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Klaus-Heiner Lehne","changes":{},"committee":["JURI"],"date":"2013-12-20T00:00:00","id":"PE526.199-45","location":[[" Proposal for a directive","Recital 26"]],"meps":[2224],"meta":{"created":"2019-07-03T05:49:19"},"new":["(26) National rules on the beginning,","duration, suspension or interruption of","limitation periods should not unduly","hamper the bringing of actions for","damages. This is particularly important in","respect of actions that build upon the","competition authority's or a review court's","finding of an infringement. To that end,","injured parties should still be able to bring","an action for damages after proceedings by","a competition authority, with a view to","enforcing national and Union competition","law. Member States should be allowed to","maintain or introduce absolute limitation","periods that are generally applicable."],"old":["(26) National rules on the beginning,","duration, suspension or interruption of","limitation periods should not unduly","hamper the bringing of actions for","damages. This is particularly important in","respect of actions that build upon the","competition authority's or a review court's","finding of an infringement. To that end,","injured parties should still be able to bring","an action for damages after proceedings by","a competition authority, with a view to","enforcing national and Union competition","law."],"orig_lang":"en","peid":"PE526.199v01-00","reference":"2013/0185(COD)","seq":"45","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-526.199+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Klaus-Heiner Lehne","changes":{},"committee":["JURI"],"date":"2013-12-20T00:00:00","id":"PE526.199-46","location":[["Proposal for a directive","Recital 28"]],"meps":[2224],"meta":{"created":"2019-07-03T05:49:19"},"new":["(28) Undertakings which cooperate with","competition authorities under a leniency","programme play a key role in detecting","secret cartel infringements and in bringing","these infringements to an end, thereby","often mitigating the harm which could","have been caused had the infringement","continued. To the extent a cartel has caused","harm to others than the","customers/providers of the infringing","undertakings, the contribution of the","immunity recipient should not exceed his","relative responsibility for the harm caused","by the cartel. This share should be","determined in accordance with the same","rules used to determine the contributions","among infringing undertakings (recital (27)","above). The immunity recipient should","remain fully liable to the injured parties","other than his direct or indirect purchasers","or providers only where they are unable to","obtain full compensation from the other","infringing undertakings."],"old":["(28) Undertakings which cooperate with","competition authorities under a leniency","programme play a key role in detecting","secret cartel infringements and in bringing","these infringements to an end, thereby","often mitigating the harm which could","have been caused had the infringement","continued. It is therefore appropriate to","make provision for undertakings which","have received immunity from fines from a","competition authority under a leniency","programme to be protected from undue","exposure to damages claims, bearing in","mind that the decision of the competition","authority finding the infringement may","become final for the immunity recipient","before it becomes final for other","undertakings which have not received","immunity. It is therefore appropriate that","the immunity recipient is relieved in","principle from joint and several liability","for the entire harm and that its","contribution does not exceed the amount","of harm caused to his own direct or","indirect purchasers or, in case of a buying","cartel, his direct or indirect providers. To","the extent a cartel has caused harm to","others than the customers/providers of the","infringing undertakings, the contribution of","the immunity recipient should not exceed","his relative responsibility for the harm","caused by the cartel. This share should be","determined in accordance with the same","rules used to determine the contributions","among infringing undertakings (recital (27)","above). The immunity recipient should","remain fully liable to the injured parties","other than his direct or indirect purchasers","or providers only where they are unable to","","obtain full compensation from the other","infringing undertakings."],"orig_lang":"en","peid":"PE526.199v01-00","reference":"2013/0185(COD)","seq":"46","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-526.199+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sharon Bowles, Rebecca Taylor","changes":{},"committee":["JURI"],"date":"2013-12-20T00:00:00","id":"PE526.199-47","justification":"Placing the burden of showing the pass-on with the indirect purchaser may require\nunobtainable knowledge on pricing strategies of direct purchasers. Passing on costs down the\nsupply chain is normal business practice and this must be taken into account.","location":[[" Proposal for a directive","Recital 31"]],"meps":[33570,112620],"meta":{"created":"2019-07-03T05:49:19"},"new":["(31) Consumers or undertakings to whom","actual loss has been passed on have","suffered harm that has been caused by an","infringement of national or Union","competition law. While such harm should","be compensated by the infringing","undertaking, it may be particularly difficult","for consumers or undertakings that did not","themselves make any purchase from the","infringing undertaking to prove the scope","of that harm. It is therefore appropriate to","provide that, where the existence of a claim","for damages or the amount to be awarded","depends on whether or to what degree an","overcharge paid by the direct purchaser of","the infringing undertaking has been passed","on to the indirect purchaser, the latter is","regarded as having brought the proof that","an overcharge paid by that direct purchaser","has been passed on to his level, where he is","able to show prima facie that such passing-","on has occurred. It is furthermore","appropriate to define under what conditions","the indirect purchaser is to be regarded as","having established such prima facie proof,","while also respecting that it is normal","business practice to pass on overcharges","down the supply chain. As regards the","quantification of passing-on, the national","court should have the power to estimate","which share of the overcharge has been","passed on to the level of indirect","purchasers in the dispute pending before it.","The infringing undertaking should be","allowed to bring proof showing that the","actual loss has not been passed on or has","not been passed on entirely."],"old":["(31) Consumers or undertakings to whom","actual loss has been passed on have","suffered harm that has been caused by an","infringement of national or Union","competition law. While such harm should","be compensated by the infringing","undertaking, it may be particularly difficult","for consumers or undertakings that did not","themselves make any purchase from the","infringing undertaking to prove the scope","of that harm. It is therefore appropriate to","provide that, where the existence of a claim","for damages or the amount to be awarded","depends on whether or to what degree an","overcharge paid by the direct purchaser of","the infringing undertaking has been passed","on to the indirect purchaser, the latter is","regarded as having brought the proof that","an overcharge paid by that direct purchaser","has been passed on to his level, where he is","able to show prima facie that such passing-","on has occurred. It is furthermore","appropriate to define under what conditions","the indirect purchaser is to be regarded as","having established such prima facie proof.","As regards the quantification of passing-","on, the national court should have the","power to estimate which share of the","overcharge has been passed on to the level","of indirect purchasers in the dispute","pending before it. The infringing","undertaking should be allowed to bring","proof showing that the actual loss has not","been passed on or has not been passed on","","entirely."],"orig_lang":"en","peid":"PE526.199v01-00","reference":"2013/0185(COD)","seq":"47","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-526.199+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Klaus-Heiner Lehne","changes":{},"committee":["JURI"],"date":"2013-12-20T00:00:00","id":"PE526.199-48","location":[["Proposal for a directive","Recital 31"]],"meps":[2224],"meta":{"created":"2019-07-03T05:49:19"},"new":["(31) Consumers or undertakings to whom","actual loss has been passed on have","suffered harm that has been caused by an","infringement of national or Union","competition law. While such harm should","be compensated by the infringing","undertaking, it may be particularly difficult","for consumers or undertakings that did not","themselves make any purchase from the","infringing undertaking to prove the scope","of that harm. As regards the quantification","of passing-on, the national court should","have the power to estimate which share of","the overcharge has been passed on to the","level of indirect purchasers in the dispute","pending before it. The infringing","undertaking should be allowed to bring","proof showing that the actual loss has not","been passed on or has not been passed on","entirely."],"old":["(31) Consumers or undertakings to whom","actual loss has been passed on have","suffered harm that has been caused by an","infringement of national or Union","competition law. While such harm should","be compensated by the infringing","undertaking, it may be particularly difficult","for consumers or undertakings that did not","themselves make any purchase from the","infringing undertaking to prove the scope","of that harm. It is therefore appropriate to","provide that, where the existence of a","claim for damages or the amount to be","awarded depends on whether or to what","degree an overcharge paid by the direct","purchaser of the infringing undertaking","has been passed on to the indirect","purchaser, the latter is regarded as having","brought the proof that an overcharge paid","by that direct purchaser has been passed","on to his level, where he is able to show","prima facie that such passing-on has","occurred. It is furthermore appropriate to","define under what conditions the indirect","purchaser is to be regarded as having","established such prima facie proof. As","","regards the quantification of passing-on,","the national court should have the power to","estimate which share of the overcharge has","been passed on to the level of indirect","purchasers in the dispute pending before it.","The infringing undertaking should be","allowed to bring proof showing that the","actual loss has not been passed on or has","not been passed on entirely."],"orig_lang":"en","peid":"PE526.199v01-00","reference":"2013/0185(COD)","seq":"48","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-526.199+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Klaus-Heiner Lehne","changes":{},"committee":["JURI"],"date":"2013-12-20T00:00:00","id":"PE526.199-49","location":[[" Proposal for a directive","Recital 41"]],"meps":[2224],"meta":{"created":"2019-07-03T05:49:19"},"new":["deleted"],"old":["(41) When settling co-infringers are asked","to contribute to damages subsequently","paid by non-settling co-infringers, the","national court should take account of the","damages already paid under the","consensual settlement, bearing in mind","that not all co-infringers are necessarily","equally involved in the full substantive,","temporal and geographical scope of the","infringement."],"orig_lang":"en","peid":"PE526.199v01-00","reference":"2013/0185(COD)","seq":"49","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-526.199+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sharon Bowles","changes":{},"committee":["JURI"],"date":"2013-12-20T00:00:00","id":"PE526.199-50","location":[[" Proposal for a directive","Article 1 \u2013 paragraph 1"]],"meps":[33570],"meta":{"created":"2019-07-03T05:49:19"},"new":["1. This Directive sets out certain rules","necessary to ensure that anyone who has","suffered harm caused by an infringement","of Article 101 or 102 of the Treaty or of","national competition law by an","undertaking or group of undertakings,","can effectively exercise the right to claim","full compensation for that harm from those","infringing parties. It also sets out rules","fostering undistorted competition in the","internal market and removing obstacles to","its proper functioning by ensuring","equivalent protection throughout the Union","for anyone who has suffered such harm."],"old":["1. This Directive sets out certain rules","necessary to ensure that anyone who has","suffered harm caused by an infringement","of Article 101 or 102 of the Treaty or of","","national competition law, can effectively","exercise the right to full compensation for","that harm. It also sets out rules fostering","undistorted competition in the internal","market and removing obstacles to its","proper functioning by ensuring equivalent","protection throughout the Union for anyone","who has suffered such harm."],"orig_lang":"en","peid":"PE526.199v01-00","reference":"2013/0185(COD)","seq":"50","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-526.199+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sharon Bowles","changes":{},"committee":["JURI"],"date":"2013-12-20T00:00:00","id":"PE526.199-51","location":[["Proposal for a directive","Article 2 \u2013 paragraph 1"]],"meps":[33570],"meta":{"created":"2019-07-03T05:49:20"},"new":["1. Anyone who has suffered harm caused","by an infringement of Union or national","competition law shall be able to claim full","compensation for that harm from the","infringing parties in either a direct or a","follow-on private case."],"old":["1. Anyone who has suffered harm caused","by an infringement of Union or national","competition law shall be able to claim full","compensation for that harm."],"orig_lang":"en","peid":"PE526.199v01-00","reference":"2013/0185(COD)","seq":"51","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-526.199+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Eva Lichtenberger on behalf of the Greens/EFA Group","changes":{},"committee":["JURI"],"date":"2013-12-20T00:00:00","id":"PE526.199-52","location":[["Proposal for a directive","Article 2 \u2013 paragraph 3"]],"meps":[28253],"meta":{"created":"2019-07-03T05:49:20"},"new":["3. Member States shall ensure that all","injured parties can proficiently and costs","effectively exercise their claims for","damages. Member States shall introduce","collective redress mechanisms based on","defined common principles for the","enforcement of Articles 101 and 102 of","the Treaty as stipulated in the","Commission Recommendation","2013/396/EU.","Member States shall ensure that all","injured parties proficiently and cost","effective can exercise their claims for","damages. This includes assessing the","possibilities of making collective redress","procedures available for private damages","claims."],"old":["3. Member States shall ensure that injured","parties can effectively exercise their claims","for damages.",""],"orig_lang":"en","peid":"PE526.199v01-00","reference":"2013/0185(COD)","seq":"52","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-526.199+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sharon Bowles","changes":{},"committee":["JURI"],"date":"2013-12-20T00:00:00","id":"PE526.199-53","justification":" Consumers shouldn't be placed in a worse position from taking follow-on action instead of\n direct action. Large public fines should not leave consumers unable to claim the appropriate\n compensation via a follow-on action as opposed to having taken a direct action.","location":[[" Proposal for a directive","Article 2 \u2013 paragraph 3 a (new)"]],"meps":[33570],"meta":{"created":"2019-07-03T05:49:20"},"new":["3a. The total level of fines and damages","paid should not be affected by whether the","competition authority action follows on","from or precedes private action.","Competition authorities shall link the total","level of fines and damages paid in both of","these instances, such as through the","deferral of a proportion of the fine when a","follow-on action is expected. However,","this should neither result in lengthy","uncertainty as regards settlement finality","for companies, nor affect the right of","individuals and undertakings to be","compensated for damage suffered."],"orig_lang":"en","peid":"PE526.199v01-00","reference":"2013/0185(COD)","seq":"53","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-526.199+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Rebecca Taylor, Sharon Bowles, Sajjad Karim","changes":{},"committee":["JURI"],"date":"2013-12-20T00:00:00","id":"PE526.199-54","justification":"It is important to consider criminal law provisions in place in some Member States. The\nwording from Recital 8 of Regulation 1/2003 should therefore also apply here.","location":[["Proposal for a directive","Article 4 \u2013 paragraph 1 \u2013 point 2"]],"meps":[112620,33570,28481],"meta":{"created":"2019-07-03T05:49:20"},"new":["2. \u2018national competition law\u2019 means","provisions of national law that","predominantly pursue the same objective","as Articles 101 and 102 of the Treaty and","that are applied to the same case and in","parallel to Union competition law pursuant","to Article 3(1) of Regulation (EC) No","1/2003 This definition does not apply to","national laws which impose criminal","sanctions on natural persons except to the","extent that such sanctions are the means","whereby competition rules applying to","undertakings are enforced."],"old":["2. \u2018national competition law\u2019 means","provisions of national law that","predominantly pursue the same objective","as Articles 101 and 102 of the Treaty and","that are applied to the same case and in","parallel to Union competition law pursuant","to Article 3(1) of Regulation (EC) No","1/2003;"],"orig_lang":"en","peid":"PE526.199v01-00","reference":"2013/0185(COD)","seq":"54","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-526.199+01+DOC+PDF+V0//EN&language=EN"},{"authors":"J\u00fcrgen Klute","changes":{},"committee":["JURI"],"date":"2013-12-20T00:00:00","id":"PE526.199-55","location":[["Proposal for a directive","Article 4 \u2013 paragraph 1 \u2013 point 3"]],"meps":[96769],"meta":{"created":"2019-07-03T05:49:20"},"new":["3. \u2018action for damages\u2019 means an action","under national law by which an injured","party brings a claim for damages before a","national court; it may also cover actions by","which someone acting on behalf of one or","more injured parties brings a claim for","damages before a national court;"],"old":["3. \u2018action for damages\u2019 means an action","under national law by which an injured","party brings a claim for damages before a","national court; it may also cover actions by","which someone acting on behalf of one or","more injured parties brings a claim for","damages before a national court, where","national law provides for this possibility;"],"orig_lang":"en","peid":"PE526.199v01-00","reference":"2013/0185(COD)","seq":"55","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-526.199+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Eva Lichtenberger on behalf of the Greens/EFA Group","changes":{},"committee":["JURI"],"date":"2013-12-20T00:00:00","id":"PE526.199-56","location":[[" Proposal for a directive","Article 4 \u2013 paragraph 1 \u2013 point 3"]],"meps":[28253],"meta":{"created":"2019-07-03T05:49:20"},"new":["3. 'action for damages' means an action by","which a claim for damages is brought","before a national court or someone acting","on behalf of one or more injured parties","brings a claim for damages before a","national court, where national law provides","for this possibility;"],"old":["3. \u2018action for damages\u2019 means an action","under national law by which an injured","party brings a claim for damages before a","national court; it may also cover actions by","which someone acting on behalf of one or","more injured parties brings a claim for","damages before a national court, where","national law provides for this possibility;"],"orig_lang":"en","peid":"PE526.199v01-00","reference":"2013/0185(COD)","seq":"56","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-526.199+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Eva Lichtenberger on behalf of the Greens/EFA Group","changes":{},"committee":["JURI"],"date":"2013-12-20T00:00:00","id":"PE526.199-57","location":[[" Proposal for a directive","Article 4 \u2013 paragraph 1 \u2013 point 3 a (new)"]],"meps":[28253],"meta":{"created":"2019-07-03T05:49:20"},"new":["3a. 'collective redress' means: (i) a legal","mechanism that ensures a possibility to","claim cessation of illegal behaviour","collectively by two or more natural or","legal persons or by an entity entitled to","bring a representative action (injunctive","collective redress); (ii) a legal mechanism","that ensures a possibility to claim","compensation collectively by two or more","natural or legal persons claiming to have","been harmed in a mass harm situation or","by an entity entitled to bring a","representative action (compensatory","collective redress)"],"orig_lang":"en","peid":"PE526.199v01-00","reference":"2013/0185(COD)","seq":"57","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-526.199+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sharon Bowles","changes":{},"committee":["JURI"],"date":"2013-12-20T00:00:00","id":"PE526.199-58","location":[["Proposal for a directive","Article 4 \u2013 paragraph 1 \u2013 point 5"]],"meps":[33570],"meta":{"created":"2019-07-03T05:49:20"},"new":["5. \u2018injured party\u2019 means anyone who has","suffered harm as a result of anti-","competitive behaviour;"],"old":["5. \u2018injured party\u2019 means anyone who has a","claim for damages;"],"orig_lang":"en","peid":"PE526.199v01-00","reference":"2013/0185(COD)","seq":"58","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-526.199+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sharon Bowles","changes":{},"committee":["JURI"],"date":"2013-12-20T00:00:00","id":"PE526.199-59","location":[["Proposal for a directive","Article 4 \u2013 paragraph 1 \u2013 point 12"]],"meps":[33570],"meta":{"created":"2019-07-03T05:49:20"},"new":["12. 'cartel' means two or more horizontal","competitors co-ordinating their behaviour","within a market to earn rents above those","possible under normal competition, or co-","ordinating their behaviour within a market","to exclude undertakings operating under","normal market conditions from gaining","market share, through practices such as,","inter alia, the fixing or coordination of","purchase or selling prices or other trading","conditions, abusive licensing practices, the","allocation of production or sales quotas, the","sharing of markets and customers,","including bid-rigging, restrictions of","imports or exports and/or anti-competitive","actions against other competitors;"],"old":["12. \u2018cartel\u2019 means an agreement and/or","concerted practice between two or more","competitors aimed at coordinating their","competitive behaviour on the market","and/or influencing the relevant","parameters of competition, through","practices such as the fixing or coordination","of purchase or selling prices or other","trading conditions, the allocation of","production or sales quotas, the sharing of","markets and customers, including bid-","rigging, restrictions of imports or exports","and/or anti-competitive actions against","other competitors;"],"orig_lang":"en","peid":"PE526.199v01-00","reference":"2013/0185(COD)","seq":"59","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-526.199+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sharon Bowles","changes":{},"committee":["JURI"],"date":"2013-12-20T00:00:00","id":"PE526.199-60","justification":" Amendment for legal clarity. Leniency corporate statements are those given voluntarily.\n Information requested by the competition authority, such as in RFIs, should not be included.","location":[[" Proposal for a directive","Article 4 \u2013 paragraph 1 \u2013 point 14"]],"meps":[33570],"meta":{"created":"2019-07-03T05:49:20"},"new":["14. \u2018leniency corporate statement\u2019 means","an oral or written presentation voluntarily","provided by, or on behalf of, an","undertaking to a competition authority,","describing the undertaking's knowledge of","a secret cartel and its role therein, which","was drawn up specifically for submission","to the authority with a view to obtaining","immunity or a reduction of fines under a","leniency programme concerning the","application of Article 101 of the Treaty or","the corresponding provision under national","law; this does not include documents or","information that exist irrespective of the","proceedings of a competition authority","(\u2018pre-existing information\u2019) or any","information given at the request of a","competition authority;"],"old":["14. \u2018leniency corporate statement\u2019 means","an oral or written presentation voluntarily","provided by, or on behalf of, an","undertaking to a competition authority,","describing the undertaking's knowledge of","a secret cartel and its role therein, which","was drawn up specifically for submission","to the authority with a view to obtaining","immunity or a reduction of fines under a","leniency programme concerning the","application of Article 101 of the Treaty or","the corresponding provision under national","law; this does not include documents or","information that exist irrespective of the","proceedings of a competition authority","(\u2018pre-existing information\u2019);"],"orig_lang":"en","peid":"PE526.199v01-00","reference":"2013/0185(COD)","seq":"60","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-526.199+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sharon Bowles","changes":{},"committee":["JURI"],"date":"2013-12-20T00:00:00","id":"PE526.199-61","location":[[" Proposal for a directive","Article 4 \u2013 paragraph 1 \u2013 point 16"]],"meps":[33570],"meta":{"created":"2019-07-03T05:49:20"},"new":["16. 'overcharge' means when a higher","price has been paid due to competition","law infringement, calculated by","subtracting the price that would have","prevailed in the absence of an infringement","of competition law from the actual price","paid;"],"old":["16. \u2018overcharge\u2019 means any positive","difference between the price actually paid","and the price that would have prevailed in","the absence of an infringement of","","","competition law;"],"orig_lang":"en","peid":"PE526.199v01-00","reference":"2013/0185(COD)","seq":"61","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-526.199+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Eva Lichtenberger on behalf of the Greens/EFA Group","changes":{},"committee":["JURI"],"date":"2013-12-20T00:00:00","id":"PE526.199-62","location":[["Proposal for a directive","Article 5 \u2013 paragraph 1 \u2013 subparagraph 1"]],"meps":[28253],"meta":{"created":"2019-07-03T05:49:20"},"new":["Member States shall ensure that, where a","claimant has presented reasonably","available facts or evidence showing","plausible grounds for suspecting that he, or","those he represents, has suffered harm","caused by the defendant's infringement of","competition law, national courts can order","the defendant or a third party to disclose","evidence, regardless of whether or not this","evidence is also included in the file of a","competition authority, subject to the","conditions set out in this Chapter. Member","States shall ensure that courts are also able","to order the claimant, the defendant or a","third party to disclose reasonably available","facts or evidence on request of such a","claim."],"old":["Member States shall ensure that, where a","claimant has presented reasonably","available facts and evidence showing","plausible grounds for suspecting that he, or","those he represents, has suffered harm","caused by the defendant's infringement of","competition law, national courts can order","the defendant or a third party to disclose","evidence, regardless of whether or not this","evidence is also included in the file of a","competition authority, subject to the","conditions set out in this Chapter. Member","States shall ensure that courts are also able","to order the claimant or a third party to","disclose evidence on request of the","defendant."],"orig_lang":"en","peid":"PE526.199v01-00","reference":"2013/0185(COD)","seq":"62","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-526.199+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Giuseppe Gargani","changes":{},"committee":["JURI"],"date":"2013-12-20T00:00:00","id":"PE526.199-63","location":[["Proposal for a directive","Article 5 \u2013 paragraph 1 \u2013 subparagraph 1"]],"meps":[4562],"meta":{"created":"2019-07-03T05:49:20"},"new":["Member States shall ensure that, where a","claimant has presented reasonably","available facts and evidence showing","plausible grounds for suspecting that he, or","those he represents, has suffered harm","caused by the defendant\u2019s infringement of","competition law, national courts can order","the defendant or a third party to disclose","evidence, regardless of whether or not this","evidence is also included in the file of a","competition authority, subject to the","conditions set out in this Chapter and in","accordance with the provisions of Article","2 of this Directive. Member States shall","ensure that the national courts request the","disclosure of evidence from the national","competition authority where the","defendant does not provide the evidence","requested. Courts are also able to order the","claimant or a third party to disclose","evidence on request of the defendant."],"old":["Member States shall ensure that, where a","claimant has presented reasonably","","available facts and evidence showing","plausible grounds for suspecting that he, or","those he represents, has suffered harm","caused by the defendant\u2019s infringement of","competition law, national courts can order","the defendant or a third party to disclose","evidence, regardless of whether or not this","evidence is also included in the file of a","competition authority, subject to the","conditions set out in this Chapter. Member","States shall ensure that courts are also able","to order the claimant or a third party to","disclose evidence on request of the","defendant."],"orig_lang":"it","peid":"PE526.199v01-00","reference":"2013/0185(COD)","seq":"63","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-526.199+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sharon Bowles","changes":{},"committee":["JURI"],"date":"2013-12-20T00:00:00","id":"PE526.199-64","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 1 \u2013 subparagraph 1"]],"meps":[33570],"meta":{"created":"2019-07-03T05:49:20"},"new":["Member States shall ensure that, where a","claimant has presented a reasoned","justification containing available facts and","evidence showing plausible grounds for","suspecting that he, or those he represents,","has suffered harm caused by the","defendant's infringement of competition","law, national courts can order the","defendant or a third party to disclose","evidence, regardless of whether or not this","evidence is also included in the file of a","competition authority, subject to the","conditions set out in this Chapter. Member","States shall ensure that courts are also able","to order the claimant or a third party to","disclose evidence on request of the","defendant."],"old":["Member States shall ensure that, where a","claimant has presented reasonably","available facts and evidence showing","plausible grounds for suspecting that he, or","those he represents, has suffered harm","caused by the defendant's infringement of","competition law, national courts can order","the defendant or a third party to disclose","evidence, regardless of whether or not this","evidence is also included in the file of a","competition authority, subject to the","conditions set out in this Chapter. Member","States shall ensure that courts are also able","to order the claimant or a third party to","disclose evidence on request of the","defendant.","",""],"orig_lang":"en","peid":"PE526.199v01-00","reference":"2013/0185(COD)","seq":"64","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-526.199+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Klaus-Heiner Lehne","changes":{},"committee":["JURI"],"date":"2013-12-20T00:00:00","id":"PE526.199-65","location":[["Proposal for a directive","Article 5 \u2013 paragraph 1 \u2013 subparagraph 1"]],"meps":[2224],"meta":{"created":"2019-07-03T05:49:21"},"new":["Member States shall ensure that, where a","claimant has presented reasonably","available facts and evidence showing","plausible grounds for suspecting that he, or","those he represents, has suffered harm","caused by the defendant's infringement of","competition law, national courts can order","the defendant or a third party to disclose","evidence, subject to the conditions set out","in this Chapter. Member States shall ensure","that courts are also able to order the","claimant or a third party to disclose","evidence on request of the defendant."],"old":["Member States shall ensure that, where a","claimant has presented reasonably","available facts and evidence showing","plausible grounds for suspecting that he, or","those he represents, has suffered harm","caused by the defendant's infringement of","competition law, national courts can order","the defendant or a third party to disclose","evidence, regardless of whether or not this","evidence is also included in the file of a","competition authority, subject to the","conditions set out in this Chapter. Member","States shall ensure that courts are also able","to order the claimant or a third party to","disclose evidence on request of the","defendant."],"orig_lang":"en","peid":"PE526.199v01-00","reference":"2013/0185(COD)","seq":"65","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-526.199+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Klaus-Heiner Lehne","changes":{},"committee":["JURI"],"date":"2013-12-20T00:00:00","id":"PE526.199-66","location":[["Proposal for a directive","Article 5 \u2013 paragraph 2"]],"meps":[2224],"meta":{"created":"2019-07-03T05:49:21"},"new":["deleted"],"old":["2. 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Ordinary legislative procedure (ex-codecision procedure)"},"path":["procedure"],"type":"added"}],"2013-06-25T03:01:26":[{"data":"CELEX:52013PC0404:EN","path":["activities",0,"docs",0,"celexid"],"type":"added"},{"data":"2013-06-19T00:00:00","path":["committees",3,"date"],"type":"added"},{"data":[{"group":"ALDE","mepref":"4f608c6cb819f2787f000001","name":"TAYLOR Rebecca"}],"path":["committees",3,"rapporteur"],"type":"added"}],"2013-06-27T23:24:55":[{"data":{"Commissioner":"ALMUNIA Joaqu\u00edn","DG":{"title":"Competition","url":"http://ec.europa.eu/dgs/competition/"}},"path":["activities",0,"commission",0],"type":"added"},{"data":{"body":"EC","commissioner":"ALMUNIA Joaqu\u00edn","dg":{"title":"Competition","url":"http://ec.europa.eu/dgs/competition/"}},"path":["other",0],"type":"added"}],"2013-07-02T23:24:14":[{"data":{"title":"SWD(2013)0270","type":"Document attached to the procedure","url":"http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SWD:2013:0270:FIN:EN:PDF"},"path":["activities",0,"docs",3],"type":"added"},{"data":{"body":"EP","committees":[{"body":"EP","committee":"ECON","committee_full":"Economic and Monetary Affairs","responsible":true},{"body":"EP","committee":"IMCO","committee_full":"Internal Market and Consumer Protection","responsible":false},{"body":"EP","committee":"ITRE","committee_full":"Industry, Research and Energy","responsible":false},{"body":"EP","committee":"JURI","committee_full":"Legal Affairs","date":"2013-06-19T00:00:00","rapporteur":[{"group":"S&D","mepref":"4de187d40fb8127435bdc258","name":"RAPKAY Bernhard"}],"responsible":false}],"date":"2013-07-01T00:00:00","type":"Committee referral announced in Parliament, 1st reading/single reading"},"path":["activities",1],"type":"added"},{"data":["ALDE","S&D"],"path":["committees",3,"rapporteur",0,"group"],"type":"changed"},{"data":["TAYLOR Rebecca","RAPKAY Bernhard"],"path":["committees",3,"rapporteur",0,"name"],"type":"changed"},{"data":["4f608c6cb819f2787f000001","4de187d40fb8127435bdc258"],"path":["committees",3,"rapporteur",0,"mepref"],"type":"changed"},{"data":"ECON/7/13019","path":["procedure","dossier_of_the_committee"],"type":"added"},{"data":["Preparatory phase in Parliament","Awaiting committee decision"],"path":["procedure","stage_reached"],"type":"changed"}],"2013-07-06T00:36:35":[{"data":[{"group":"ECR","mepref":"4de184830fb8127435bdbda4","name":"EPPINK Derk Jan"}],"path":["activities",1,"committees",0,"shadows"],"type":"added"},{"data":[{"group":"ECR","mepref":"4de184830fb8127435bdbda4","name":"EPPINK Derk Jan"}],"path":["committees",0,"shadows"],"type":"added"}],"2013-07-09T23:43:48":[{"data":"2013-06-18T00:00:00","path":["activities",1,"committees",0,"date"],"type":"added"},{"data":[{"group":"EPP","mepref":"4de1887f0fb8127435bdc358","name":"SCHWAB Andreas"}],"path":["activities",1,"committees",0,"rapporteur"],"type":"added"},{"data":["
PURPOSE: to facilitate the introduction of damage and\ninterest claims by victims of antitrust violations.
\nPROPOSED ACT: Directive of the European Parliament and\nof the Council.
\nROLE OF THE EUROPEAN PARLIAMENT: the European\nParliament decides in accordance with the ordinary legislative\nprocedure and on an equal footing with the Council.
\nBACKGROUND: damages claims for breaches of Articles\n101 or 102 of the Treaty on the Functioning of the European Union\n(TFEU) constitute an important area of private enforcement of EU\ncompetition law. It follows from the direct effect of the\nprohibitions laid down in Articles 101 and 102 of the Treaty that\nany individual can claim compensation for the harm suffered,\nwhere there is a causal relationship between that harm and an\ninfringement of the EU competition rules. Injured parties must\nbe able to seek compensation not only for the actual loss suffered\nbut also for the gain of which they have been deprived plus\ninterest.
\nThe Court of Justice of the European Union\nhas clarified that the full effectiveness of\nthe EU competition rules and, in particular, the practical effect\nof the prohibitions they contain would be put at risk if it were\nnot open to any person to claim damages for loss caused to him/her\nby a contract or conduct liable to restrict or distort competition.\nIt considered that damages actions strengthen the working of the EU\ncompetition rules and can thus make a significant contribution to\nmaintaining effective competition in the EU.
\nWhile the right to full\ncompensation is guaranteed by the Treaty itself, the practical\nexercise of this right is often rendered difficult or almost\nimpossible because of the applicable rules and procedures. Despite\nsome recent signs of improvement in a few Member States, to date\nmost victims of infringements of the EU competition rules in\npractice do not obtain compensation for the harm suffered.\nBesides these specific substantive obstacles to effective\ncompensation (already identified in the Commissions 2005 Green\nPaper), there is a wide diversity as regards\nthe national legal rules governing antitrust damages\nactions.
\nTo remedy this situation, the Commission put forward\nconcrete policy proposals in its 2008 White Paper. In\nthe ensuing public consultation, civil society and institutional\nstakeholders, such as the European Parliament, largely welcomed\nthese policy measures and called for specific EU legislation on\nantitrust damages actions.
\nIMPACT ASSESSMENT: the impact assessment report\nfocused on four options which ranged from no action at the EU\nlevel, through a soft-law approach, to two options for legally\nbinding EU action. The preferred option is considered to be\nthe most cost-efficient way of achieving the set objectives.
\nLEGAL BASIS: Articles 103 and 114 of the\nTreaty on the Functioning of the European Union (TFEU).
\nCONTENT: this proposal seeks to ensure the\neffective enforcement of the EU competition rules in particular by\nensuring that victims of infringements of the EU competition\nrules can obtain full compensation for the harm they\nsuffered.
\nScope: the proposed\nDirective would set out rules ensuring equivalent protection\nthroughout the Union for all natural or legal persons for harm\nthey they have suffered as a result of infringements of the EU\ncompetition rules and ensure that their right under EU law to full\ncompensation can be effectively exercised in the national\ncourts.
\nDisclosure of evidence: provision is made to ensure that, under certain\nconditions, the national courts can order the defendant or a\nthird party to disclose the evidence a claimant will need to\nprove his his antitrust damages claim and/or a related\ndefence.
\nNational courts should have at\ntheir disposal effective measures to protect any business\nsecrets or otherwise confidential information disclosed during\nthe proceedings. Furthermore, disclosure should not be allowed\nwhere it would be contrary to certain rights and obligations such\nas the obligation of professional secrecy.
\nProbative effect of national decisions:\npursuant to\nCouncil Regulation No 1/2003, a Commission decision relating to\nproceedings under Article 101 or 102 of the Treaty has a probative\neffect in subsequent actions for damages. It is proposed to give\nfinal infringement decisions by national competition authorities\n(or by a national review court) similar effect.
\nLimitation periods: the Commission proposes that the\nnational rules on limitation periods for a damages action: (i)\nallow victims sufficient time (at least five years) to bring\nan action after they became aware of the infringement, the harm it\ncaused and the identity of the infringer; (ii) prevent a limitation\nperiod from starting to run before the day on which a continuous or\nrepeated infringement ceases.
\nJoint and several liability: where several\nundertakings infringe the competition rules jointly (typically in\nthe case of a cartel), it is appropriate that they be jointly and\nseverally liable for the entire harm caused by the infringement.\nThe new proposal, however, introduces certain modifications with\nregard to the liability regime of immunity recipients.
\nPassing-on of overcharges: injured parties are entitled to\ncompensation for actual loss (overcharge harm) and for loss of\nprofit. To ensure that only the direct and indirect purchasers that\nactually suffered overcharge harm can effectively claim\ncompensation, the proposed Directive explicitly recognises the\npossibility for the infringing undertaking to invoke the passing-on\ndefence.
\nHowever, in situations where the\novercharge was passed on to natural or legal persons at the next\nlevel of the supply chain for whom it is legally impossible to\nclaim compensation, the passing-on defence cannot be\ninvoked.
\nQuantification of harm: to assist victims of a cartel in\nquantifying the harm caused by the competition law infringement,\nthe proposed Directive provides for a rebuttable presumption with\nregard to the existence of harm resulting from a cartel. The\ninfringing undertaking could rebut this presumption and use the\nevidence at its disposal to prove that the cartel did not cause\nharm.
\nConsensual Dispute Resolution: to provide an\nincentive to parties to settle their dispute consensually, the\nproposed Directive aims at optimising the balance between\nout-of-court settlements and actions for damages.
\nBUDGETARY IMPLICATION: the proposed Directive would\nhave no budgetary implications.
\nPURPOSE: to facilitate the introduction of damage and\ninterest claims by victims of antitrust violations.
\nPROPOSED ACT: Directive of the European Parliament and\nof the Council.
\nROLE OF THE EUROPEAN PARLIAMENT: the European\nParliament decides in accordance with the ordinary legislative\nprocedure and on an equal footing with the Council.
\nBACKGROUND: damages claims for breaches of Articles\n101 or 102 of the Treaty on the Functioning of the European Union\n(TFEU) constitute an important area of private enforcement of EU\ncompetition law. It follows from the direct effect of the\nprohibitions laid down in Articles 101 and 102 of the Treaty that\nany individual can claim compensation for the harm suffered,\nwhere there is a causal relationship between that harm and an\ninfringement of the EU competition rules. Injured parties must\nbe able to seek compensation not only for the actual loss suffered\nbut also for the gain of which they have been deprived plus\ninterest.
\nThe Court of Justice of the European Union\nhas clarified that the full effectiveness of\nthe EU competition rules and, in particular, the practical effect\nof the prohibitions they contain would be put at risk if it were\nnot open to any person to claim damages for loss caused to him/her\nby a contract or conduct liable to restrict or distort competition.\nIt considered that damages actions strengthen the working of the EU\ncompetition rules and can thus make a significant contribution to\nmaintaining effective competition in the EU.
\nWhile the right to full\ncompensation is guaranteed by the Treaty itself, the practical\nexercise of this right is often rendered difficult or almost\nimpossible because of the applicable rules and procedures. Despite\nsome recent signs of improvement in a few Member States, to date\nmost victims of infringements of the EU competition rules in\npractice do not obtain compensation for the harm suffered.\nBesides these specific substantive obstacles to effective\ncompensation (already identified in the Commissions 2005 Green\nPaper), there is a wide diversity as regards\nthe national legal rules governing antitrust damages\nactions.
\nTo remedy this situation, the Commission put forward\nconcrete policy proposals in its 2008 White Paper. In\nthe ensuing public consultation, civil society and institutional\nstakeholders, such as the European Parliament, largely welcomed\nthese policy measures and called for specific EU legislation on\nantitrust damages actions.
\nIMPACT ASSESSMENT: the impact assessment report\nfocused on four options which ranged from no action at the EU\nlevel, through a soft-law approach, to two options for legally\nbinding EU action. The preferred option is considered to be\nthe most cost-efficient way of achieving the set objectives.
\nLEGAL BASIS: Articles 103 and 114 of the\nTreaty on the Functioning of the European Union (TFEU).
\nCONTENT: this proposal seeks to ensure the\neffective enforcement of the EU competition rules in particular by\nensuring that victims of infringements of the EU competition\nrules can obtain full compensation for the harm they\nsuffered.
\nScope: the proposed\nDirective would set out rules ensuring equivalent protection\nthroughout the Union for all natural or legal persons for harm\nthey they have suffered as a result of infringements of the EU\ncompetition rules and ensure that their right under EU law to full\ncompensation can be effectively exercised in the national\ncourts.
\nDisclosure of evidence: provision is made to ensure that, under certain\nconditions, the national courts can order the defendant or a\nthird party to disclose the evidence a claimant will need to\nprove his his antitrust damages claim and/or a related\ndefence.
\nNational courts should have at\ntheir disposal effective measures to protect any business\nsecrets or otherwise confidential information disclosed during\nthe proceedings. Furthermore, disclosure should not be allowed\nwhere it would be contrary to certain rights and obligations such\nas the obligation of professional secrecy.
\nProbative effect of national decisions:\npursuant to\nCouncil Regulation No 1/2003, a Commission decision relating to\nproceedings under Article 101 or 102 of the Treaty has a probative\neffect in subsequent actions for damages. It is proposed to give\nfinal infringement decisions by national competition authorities\n(or by a national review court) similar effect.
\nLimitation periods: the Commission proposes that the\nnational rules on limitation periods for a damages action: (i)\nallow victims sufficient time (at least five years) to bring\nan action after they became aware of the infringement, the harm it\ncaused and the identity of the infringer; (ii) prevent a limitation\nperiod from starting to run before the day on which a continuous or\nrepeated infringement ceases.
\nJoint and several liability: where several\nundertakings infringe the competition rules jointly (typically in\nthe case of a cartel), it is appropriate that they be jointly and\nseverally liable for the entire harm caused by the infringement.\nThe new proposal, however, introduces certain modifications with\nregard to the liability regime of immunity recipients.
\nPassing-on of overcharges: injured parties are entitled to\ncompensation for actual loss (overcharge harm) and for loss of\nprofit. To ensure that only the direct and indirect purchasers that\nactually suffered overcharge harm can effectively claim\ncompensation, the proposed Directive explicitly recognises the\npossibility for the infringing undertaking to invoke the passing-on\ndefence.
\nHowever, in situations where the\novercharge was passed on to natural or legal persons at the next\nlevel of the supply chain for whom it is legally impossible to\nclaim compensation, the passing-on defence cannot be\ninvoked.
\nQuantification of harm: to assist victims of a cartel in\nquantifying the harm caused by the competition law infringement,\nthe proposed Directive provides for a rebuttable presumption with\nregard to the existence of harm resulting from a cartel. The\ninfringing undertaking could rebut this presumption and use the\nevidence at its disposal to prove that the cartel did not cause\nharm.
\nConsensual Dispute Resolution: to provide an\nincentive to parties to settle their dispute consensually, the\nproposed Directive aims at optimising the balance between\nout-of-court settlements and actions for damages.
\nBUDGETARY IMPLICATION: the proposed Directive would\nhave no budgetary implications.
\nPURPOSE: to facilitate the introduction of damage and\ninterest claims by victims of antitrust violations.
\nPROPOSED ACT: Directive of the European Parliament and\nof the Council.
\nROLE OF THE EUROPEAN PARLIAMENT: the European\nParliament decides in accordance with the ordinary legislative\nprocedure and on an equal footing with the Council.
\nBACKGROUND: damages claims for breaches of Articles\n101 or 102 of the Treaty on the Functioning of the European Union\n(TFEU) constitute an important area of private enforcement of EU\ncompetition law. It follows from the direct effect of the\nprohibitions laid down in Articles 101 and 102 of the Treaty that\nany individual can claim compensation for the harm suffered,\nwhere there is a causal relationship between that harm and an\ninfringement of the EU competition rules. Injured parties must\nbe able to seek compensation not only for the actual loss suffered\nbut also for the gain of which they have been deprived plus\ninterest.
\nThe Court of Justice of the European Union\nhas clarified that the full effectiveness of\nthe EU competition rules and, in particular, the practical effect\nof the prohibitions they contain would be put at risk if it were\nnot open to any person to claim damages for loss caused to him/her\nby a contract or conduct liable to restrict or distort competition.\nIt considered that damages actions strengthen the working of the EU\ncompetition rules and can thus make a significant contribution to\nmaintaining effective competition in the EU.
\nWhile the right to full\ncompensation is guaranteed by the Treaty itself, the practical\nexercise of this right is often rendered difficult or almost\nimpossible because of the applicable rules and procedures. Despite\nsome recent signs of improvement in a few Member States, to date\nmost victims of infringements of the EU competition rules in\npractice do not obtain compensation for the harm suffered.\nBesides these specific substantive obstacles to effective\ncompensation (already identified in the Commissions 2005 Green\nPaper), there is a wide diversity as regards\nthe national legal rules governing antitrust damages\nactions.
\nTo remedy this situation, the Commission put forward\nconcrete policy proposals in its 2008 White Paper. In\nthe ensuing public consultation, civil society and institutional\nstakeholders, such as the European Parliament, largely welcomed\nthese policy measures and called for specific EU legislation on\nantitrust damages actions.
\nIMPACT ASSESSMENT: the impact assessment report\nfocused on four options which ranged from no action at the EU\nlevel, through a soft-law approach, to two options for legally\nbinding EU action. The preferred option is considered to be\nthe most cost-efficient way of achieving the set objectives.
\nLEGAL BASIS: Articles 103 and 114 of the\nTreaty on the Functioning of the European Union (TFEU).
\nCONTENT: this proposal seeks to ensure the\neffective enforcement of the EU competition rules in particular by\nensuring that victims of infringements of the EU competition\nrules can obtain full compensation for the harm they\nsuffered.
\nScope: the proposed\nDirective would set out rules ensuring equivalent protection\nthroughout the Union for all natural or legal persons for harm\nthey they have suffered as a result of infringements of the EU\ncompetition rules and ensure that their right under EU law to full\ncompensation can be effectively exercised in the national\ncourts.
\nDisclosure of evidence: provision is made to ensure that, under certain\nconditions, the national courts can order the defendant or a\nthird party to disclose the evidence a claimant will need to\nprove his his antitrust damages claim and/or a related\ndefence.
\nNational courts should have at\ntheir disposal effective measures to protect any business\nsecrets or otherwise confidential information disclosed during\nthe proceedings. Furthermore, disclosure should not be allowed\nwhere it would be contrary to certain rights and obligations such\nas the obligation of professional secrecy.
\nProbative effect of national decisions:\npursuant to\nCouncil Regulation No 1/2003, a Commission decision relating to\nproceedings under Article 101 or 102 of the Treaty has a probative\neffect in subsequent actions for damages. It is proposed to give\nfinal infringement decisions by national competition authorities\n(or by a national review court) similar effect.
\nLimitation periods: the Commission proposes that the\nnational rules on limitation periods for a damages action: (i)\nallow victims sufficient time (at least five years) to bring\nan action after they became aware of the infringement, the harm it\ncaused and the identity of the infringer; (ii) prevent a limitation\nperiod from starting to run before the day on which a continuous or\nrepeated infringement ceases.
\nJoint and several liability: where several\nundertakings infringe the competition rules jointly (typically in\nthe case of a cartel), it is appropriate that they be jointly and\nseverally liable for the entire harm caused by the infringement.\nThe new proposal, however, introduces certain modifications with\nregard to the liability regime of immunity recipients.
\nPassing-on of overcharges: injured parties are entitled to\ncompensation for actual loss (overcharge harm) and for loss of\nprofit. To ensure that only the direct and indirect purchasers that\nactually suffered overcharge harm can effectively claim\ncompensation, the proposed Directive explicitly recognises the\npossibility for the infringing undertaking to invoke the passing-on\ndefence.
\nHowever, in situations where the\novercharge was passed on to natural or legal persons at the next\nlevel of the supply chain for whom it is legally impossible to\nclaim compensation, the passing-on defence cannot be\ninvoked.
\nQuantification of harm: to assist victims of a cartel in\nquantifying the harm caused by the competition law infringement,\nthe proposed Directive provides for a rebuttable presumption with\nregard to the existence of harm resulting from a cartel. The\ninfringing undertaking could rebut this presumption and use the\nevidence at its disposal to prove that the cartel did not cause\nharm.
\nConsensual Dispute Resolution: to provide an\nincentive to parties to settle their dispute consensually, the\nproposed Directive aims at optimising the balance between\nout-of-court settlements and actions for damages.
\nBUDGETARY IMPLICATION: the proposed Directive would\nhave no budgetary implications.
\nPURPOSE: to facilitate the introduction of damage and\ninterest claims by victims of antitrust violations.
\nPROPOSED ACT: Directive of the European Parliament and\nof the Council.
\nROLE OF THE EUROPEAN PARLIAMENT: the European\nParliament decides in accordance with the ordinary legislative\nprocedure and on an equal footing with the Council.
\nBACKGROUND: damages claims for breaches of Articles\n101 or 102 of the Treaty on the Functioning of the European Union\n(TFEU) constitute an important area of private enforcement of EU\ncompetition law. It follows from the direct effect of the\nprohibitions laid down in Articles 101 and 102 of the Treaty that\nany individual can claim compensation for the harm suffered,\nwhere there is a causal relationship between that harm and an\ninfringement of the EU competition rules. Injured parties must\nbe able to seek compensation not only for the actual loss suffered\nbut also for the gain of which they have been deprived plus\ninterest.
\nThe Court of Justice of the European Union\nhas clarified that the full effectiveness of\nthe EU competition rules and, in particular, the practical effect\nof the prohibitions they contain would be put at risk if it were\nnot open to any person to claim damages for loss caused to him/her\nby a contract or conduct liable to restrict or distort competition.\nIt considered that damages actions strengthen the working of the EU\ncompetition rules and can thus make a significant contribution to\nmaintaining effective competition in the EU.
\nWhile the right to full\ncompensation is guaranteed by the Treaty itself, the practical\nexercise of this right is often rendered difficult or almost\nimpossible because of the applicable rules and procedures. Despite\nsome recent signs of improvement in a few Member States, to date\nmost victims of infringements of the EU competition rules in\npractice do not obtain compensation for the harm suffered.\nBesides these specific substantive obstacles to effective\ncompensation (already identified in the Commissions 2005 Green\nPaper), there is a wide diversity as regards\nthe national legal rules governing antitrust damages\nactions.
\nTo remedy this situation, the Commission put forward\nconcrete policy proposals in its 2008 White Paper. In\nthe ensuing public consultation, civil society and institutional\nstakeholders, such as the European Parliament, largely welcomed\nthese policy measures and called for specific EU legislation on\nantitrust damages actions.
\nIMPACT ASSESSMENT: the impact assessment report\nfocused on four options which ranged from no action at the EU\nlevel, through a soft-law approach, to two options for legally\nbinding EU action. The preferred option is considered to be\nthe most cost-efficient way of achieving the set objectives.
\nLEGAL BASIS: Articles 103 and 114 of the\nTreaty on the Functioning of the European Union (TFEU).
\nCONTENT: this proposal seeks to ensure the\neffective enforcement of the EU competition rules in particular by\nensuring that victims of infringements of the EU competition\nrules can obtain full compensation for the harm they\nsuffered.
\nScope: the proposed\nDirective would set out rules ensuring equivalent protection\nthroughout the Union for all natural or legal persons for harm\nthey they have suffered as a result of infringements of the EU\ncompetition rules and ensure that their right under EU law to full\ncompensation can be effectively exercised in the national\ncourts.
\nDisclosure of evidence: provision is made to ensure that, under certain\nconditions, the national courts can order the defendant or a\nthird party to disclose the evidence a claimant will need to\nprove his his antitrust damages claim and/or a related\ndefence.
\nNational courts should have at\ntheir disposal effective measures to protect any business\nsecrets or otherwise confidential information disclosed during\nthe proceedings. Furthermore, disclosure should not be allowed\nwhere it would be contrary to certain rights and obligations such\nas the obligation of professional secrecy.
\nProbative effect of national decisions:\npursuant to\nCouncil Regulation No 1/2003, a Commission decision relating to\nproceedings under Article 101 or 102 of the Treaty has a probative\neffect in subsequent actions for damages. It is proposed to give\nfinal infringement decisions by national competition authorities\n(or by a national review court) similar effect.
\nLimitation periods: the Commission proposes that the\nnational rules on limitation periods for a damages action: (i)\nallow victims sufficient time (at least five years) to bring\nan action after they became aware of the infringement, the harm it\ncaused and the identity of the infringer; (ii) prevent a limitation\nperiod from starting to run before the day on which a continuous or\nrepeated infringement ceases.
\nJoint and several liability: where several\nundertakings infringe the competition rules jointly (typically in\nthe case of a cartel), it is appropriate that they be jointly and\nseverally liable for the entire harm caused by the infringement.\nThe new proposal, however, introduces certain modifications with\nregard to the liability regime of immunity recipients.
\nPassing-on of overcharges: injured parties are entitled to\ncompensation for actual loss (overcharge harm) and for loss of\nprofit. To ensure that only the direct and indirect purchasers that\nactually suffered overcharge harm can effectively claim\ncompensation, the proposed Directive explicitly recognises the\npossibility for the infringing undertaking to invoke the passing-on\ndefence.
\nHowever, in situations where the\novercharge was passed on to natural or legal persons at the next\nlevel of the supply chain for whom it is legally impossible to\nclaim compensation, the passing-on defence cannot be\ninvoked.
\nQuantification of harm: to assist victims of a cartel in\nquantifying the harm caused by the competition law infringement,\nthe proposed Directive provides for a rebuttable presumption with\nregard to the existence of harm resulting from a cartel. The\ninfringing undertaking could rebut this presumption and use the\nevidence at its disposal to prove that the cartel did not cause\nharm.
\nConsensual Dispute Resolution: to provide an\nincentive to parties to settle their dispute consensually, the\nproposed Directive aims at optimising the balance between\nout-of-court settlements and actions for damages.
\nBUDGETARY IMPLICATION: the proposed Directive would\nhave no budgetary implications.
\nPURPOSE: to facilitate the introduction of damage and\ninterest claims by victims of antitrust violations.
\nPROPOSED ACT: Directive of the European Parliament and\nof the Council.
\nROLE OF THE EUROPEAN PARLIAMENT: the European\nParliament decides in accordance with the ordinary legislative\nprocedure and on an equal footing with the Council.
\nBACKGROUND: damages claims for breaches of Articles\n101 or 102 of the Treaty on the Functioning of the European Union\n(TFEU) constitute an important area of private enforcement of EU\ncompetition law. It follows from the direct effect of the\nprohibitions laid down in Articles 101 and 102 of the Treaty that\nany individual can claim compensation for the harm suffered,\nwhere there is a causal relationship between that harm and an\ninfringement of the EU competition rules. Injured parties must\nbe able to seek compensation not only for the actual loss suffered\nbut also for the gain of which they have been deprived plus\ninterest.
\nThe Court of Justice of the European Union\nhas clarified that the full effectiveness of\nthe EU competition rules and, in particular, the practical effect\nof the prohibitions they contain would be put at risk if it were\nnot open to any person to claim damages for loss caused to him/her\nby a contract or conduct liable to restrict or distort competition.\nIt considered that damages actions strengthen the working of the EU\ncompetition rules and can thus make a significant contribution to\nmaintaining effective competition in the EU.
\nWhile the right to full\ncompensation is guaranteed by the Treaty itself, the practical\nexercise of this right is often rendered difficult or almost\nimpossible because of the applicable rules and procedures. Despite\nsome recent signs of improvement in a few Member States, to date\nmost victims of infringements of the EU competition rules in\npractice do not obtain compensation for the harm suffered.\nBesides these specific substantive obstacles to effective\ncompensation (already identified in the Commissions 2005 Green\nPaper), there is a wide diversity as regards\nthe national legal rules governing antitrust damages\nactions.
\nTo remedy this situation, the Commission put forward\nconcrete policy proposals in its 2008 White Paper. In\nthe ensuing public consultation, civil society and institutional\nstakeholders, such as the European Parliament, largely welcomed\nthese policy measures and called for specific EU legislation on\nantitrust damages actions.
\nIMPACT ASSESSMENT: the impact assessment report\nfocused on four options which ranged from no action at the EU\nlevel, through a soft-law approach, to two options for legally\nbinding EU action. The preferred option is considered to be\nthe most cost-efficient way of achieving the set objectives.
\nLEGAL BASIS: Articles 103 and 114 of the\nTreaty on the Functioning of the European Union (TFEU).
\nCONTENT: this proposal seeks to ensure the\neffective enforcement of the EU competition rules in particular by\nensuring that victims of infringements of the EU competition\nrules can obtain full compensation for the harm they\nsuffered.
\nScope: the proposed\nDirective would set out rules ensuring equivalent protection\nthroughout the Union for all natural or legal persons for harm\nthey they have suffered as a result of infringements of the EU\ncompetition rules and ensure that their right under EU law to full\ncompensation can be effectively exercised in the national\ncourts.
\nDisclosure of evidence: provision is made to ensure that, under certain\nconditions, the national courts can order the defendant or a\nthird party to disclose the evidence a claimant will need to\nprove his his antitrust damages claim and/or a related\ndefence.
\nNational courts should have at\ntheir disposal effective measures to protect any business\nsecrets or otherwise confidential information disclosed during\nthe proceedings. Furthermore, disclosure should not be allowed\nwhere it would be contrary to certain rights and obligations such\nas the obligation of professional secrecy.
\nProbative effect of national decisions:\npursuant to\nCouncil Regulation No 1/2003, a Commission decision relating to\nproceedings under Article 101 or 102 of the Treaty has a probative\neffect in subsequent actions for damages. It is proposed to give\nfinal infringement decisions by national competition authorities\n(or by a national review court) similar effect.
\nLimitation periods: the Commission proposes that the\nnational rules on limitation periods for a damages action: (i)\nallow victims sufficient time (at least five years) to bring\nan action after they became aware of the infringement, the harm it\ncaused and the identity of the infringer; (ii) prevent a limitation\nperiod from starting to run before the day on which a continuous or\nrepeated infringement ceases.
\nJoint and several liability: where several\nundertakings infringe the competition rules jointly (typically in\nthe case of a cartel), it is appropriate that they be jointly and\nseverally liable for the entire harm caused by the infringement.\nThe new proposal, however, introduces certain modifications with\nregard to the liability regime of immunity recipients.
\nPassing-on of overcharges: injured parties are entitled to\ncompensation for actual loss (overcharge harm) and for loss of\nprofit. To ensure that only the direct and indirect purchasers that\nactually suffered overcharge harm can effectively claim\ncompensation, the proposed Directive explicitly recognises the\npossibility for the infringing undertaking to invoke the passing-on\ndefence.
\nHowever, in situations where the\novercharge was passed on to natural or legal persons at the next\nlevel of the supply chain for whom it is legally impossible to\nclaim compensation, the passing-on defence cannot be\ninvoked.
\nQuantification of harm: to assist victims of a cartel in\nquantifying the harm caused by the competition law infringement,\nthe proposed Directive provides for a rebuttable presumption with\nregard to the existence of harm resulting from a cartel. The\ninfringing undertaking could rebut this presumption and use the\nevidence at its disposal to prove that the cartel did not cause\nharm.
\nConsensual Dispute Resolution: to provide an\nincentive to parties to settle their dispute consensually, the\nproposed Directive aims at optimising the balance between\nout-of-court settlements and actions for damages.
\nBUDGETARY IMPLICATION: the proposed Directive would\nhave no budgetary implications.
\nPURPOSE: to facilitate the introduction of damage and\ninterest claims by victims of antitrust violations.
\nPROPOSED ACT: Directive of the European Parliament and\nof the Council.
\nROLE OF THE EUROPEAN PARLIAMENT: the European\nParliament decides in accordance with the ordinary legislative\nprocedure and on an equal footing with the Council.
\nBACKGROUND: damages claims for breaches of Articles\n101 or 102 of the Treaty on the Functioning of the European Union\n(TFEU) constitute an important area of private enforcement of EU\ncompetition law. It follows from the direct effect of the\nprohibitions laid down in Articles 101 and 102 of the Treaty that\nany individual can claim compensation for the harm suffered,\nwhere there is a causal relationship between that harm and an\ninfringement of the EU competition rules. Injured parties must\nbe able to seek compensation not only for the actual loss suffered\nbut also for the gain of which they have been deprived plus\ninterest.
\nThe Court of Justice of the European Union\nhas clarified that the full effectiveness of\nthe EU competition rules and, in particular, the practical effect\nof the prohibitions they contain would be put at risk if it were\nnot open to any person to claim damages for loss caused to him/her\nby a contract or conduct liable to restrict or distort competition.\nIt considered that damages actions strengthen the working of the EU\ncompetition rules and can thus make a significant contribution to\nmaintaining effective competition in the EU.
\nWhile the right to full\ncompensation is guaranteed by the Treaty itself, the practical\nexercise of this right is often rendered difficult or almost\nimpossible because of the applicable rules and procedures. Despite\nsome recent signs of improvement in a few Member States, to date\nmost victims of infringements of the EU competition rules in\npractice do not obtain compensation for the harm suffered.\nBesides these specific substantive obstacles to effective\ncompensation (already identified in the Commissions 2005 Green\nPaper), there is a wide diversity as regards\nthe national legal rules governing antitrust damages\nactions.
\nTo remedy this situation, the Commission put forward\nconcrete policy proposals in its 2008 White Paper. In\nthe ensuing public consultation, civil society and institutional\nstakeholders, such as the European Parliament, largely welcomed\nthese policy measures and called for specific EU legislation on\nantitrust damages actions.
\nIMPACT ASSESSMENT: the impact assessment report\nfocused on four options which ranged from no action at the EU\nlevel, through a soft-law approach, to two options for legally\nbinding EU action. The preferred option is considered to be\nthe most cost-efficient way of achieving the set objectives.
\nLEGAL BASIS: Articles 103 and 114 of the\nTreaty on the Functioning of the European Union (TFEU).
\nCONTENT: this proposal seeks to ensure the\neffective enforcement of the EU competition rules in particular by\nensuring that victims of infringements of the EU competition\nrules can obtain full compensation for the harm they\nsuffered.
\nScope: the proposed\nDirective would set out rules ensuring equivalent protection\nthroughout the Union for all natural or legal persons for harm\nthey they have suffered as a result of infringements of the EU\ncompetition rules and ensure that their right under EU law to full\ncompensation can be effectively exercised in the national\ncourts.
\nDisclosure of evidence: provision is made to ensure that, under certain\nconditions, the national courts can order the defendant or a\nthird party to disclose the evidence a claimant will need to\nprove his his antitrust damages claim and/or a related\ndefence.
\nNational courts should have at\ntheir disposal effective measures to protect any business\nsecrets or otherwise confidential information disclosed during\nthe proceedings. Furthermore, disclosure should not be allowed\nwhere it would be contrary to certain rights and obligations such\nas the obligation of professional secrecy.
\nProbative effect of national decisions:\npursuant to\nCouncil Regulation No 1/2003, a Commission decision relating to\nproceedings under Article 101 or 102 of the Treaty has a probative\neffect in subsequent actions for damages. It is proposed to give\nfinal infringement decisions by national competition authorities\n(or by a national review court) similar effect.
\nLimitation periods: the Commission proposes that the\nnational rules on limitation periods for a damages action: (i)\nallow victims sufficient time (at least five years) to bring\nan action after they became aware of the infringement, the harm it\ncaused and the identity of the infringer; (ii) prevent a limitation\nperiod from starting to run before the day on which a continuous or\nrepeated infringement ceases.
\nJoint and several liability: where several\nundertakings infringe the competition rules jointly (typically in\nthe case of a cartel), it is appropriate that they be jointly and\nseverally liable for the entire harm caused by the infringement.\nThe new proposal, however, introduces certain modifications with\nregard to the liability regime of immunity recipients.
\nPassing-on of overcharges: injured parties are entitled to\ncompensation for actual loss (overcharge harm) and for loss of\nprofit. To ensure that only the direct and indirect purchasers that\nactually suffered overcharge harm can effectively claim\ncompensation, the proposed Directive explicitly recognises the\npossibility for the infringing undertaking to invoke the passing-on\ndefence.
\nHowever, in situations where the\novercharge was passed on to natural or legal persons at the next\nlevel of the supply chain for whom it is legally impossible to\nclaim compensation, the passing-on defence cannot be\ninvoked.
\nQuantification of harm: to assist victims of a cartel in\nquantifying the harm caused by the competition law infringement,\nthe proposed Directive provides for a rebuttable presumption with\nregard to the existence of harm resulting from a cartel. The\ninfringing undertaking could rebut this presumption and use the\nevidence at its disposal to prove that the cartel did not cause\nharm.
\nConsensual Dispute Resolution: to provide an\nincentive to parties to settle their dispute consensually, the\nproposed Directive aims at optimising the balance between\nout-of-court settlements and actions for damages.
\nBUDGETARY IMPLICATION: the proposed Directive would\nhave no budgetary implications.
\nPURPOSE: to facilitate the introduction of damage and\ninterest claims by victims of antitrust violations.
\nPROPOSED ACT: Directive of the European Parliament and\nof the Council.
\nROLE OF THE EUROPEAN PARLIAMENT: the European\nParliament decides in accordance with the ordinary legislative\nprocedure and on an equal footing with the Council.
\nBACKGROUND: damages claims for breaches of Articles\n101 or 102 of the Treaty on the Functioning of the European Union\n(TFEU) constitute an important area of private enforcement of EU\ncompetition law. It follows from the direct effect of the\nprohibitions laid down in Articles 101 and 102 of the Treaty that\nany individual can claim compensation for the harm suffered,\nwhere there is a causal relationship between that harm and an\ninfringement of the EU competition rules. Injured parties must\nbe able to seek compensation not only for the actual loss suffered\nbut also for the gain of which they have been deprived plus\ninterest.
\nThe Court of Justice of the European Union\nhas clarified that the full effectiveness of\nthe EU competition rules and, in particular, the practical effect\nof the prohibitions they contain would be put at risk if it were\nnot open to any person to claim damages for loss caused to him/her\nby a contract or conduct liable to restrict or distort competition.\nIt considered that damages actions strengthen the working of the EU\ncompetition rules and can thus make a significant contribution to\nmaintaining effective competition in the EU.
\nWhile the right to full\ncompensation is guaranteed by the Treaty itself, the practical\nexercise of this right is often rendered difficult or almost\nimpossible because of the applicable rules and procedures. Despite\nsome recent signs of improvement in a few Member States, to date\nmost victims of infringements of the EU competition rules in\npractice do not obtain compensation for the harm suffered.\nBesides these specific substantive obstacles to effective\ncompensation (already identified in the Commissions 2005 Green\nPaper), there is a wide diversity as regards\nthe national legal rules governing antitrust damages\nactions.
\nTo remedy this situation, the Commission put forward\nconcrete policy proposals in its 2008 White Paper. In\nthe ensuing public consultation, civil society and institutional\nstakeholders, such as the European Parliament, largely welcomed\nthese policy measures and called for specific EU legislation on\nantitrust damages actions.
\nIMPACT ASSESSMENT: the impact assessment report\nfocused on four options which ranged from no action at the EU\nlevel, through a soft-law approach, to two options for legally\nbinding EU action. The preferred option is considered to be\nthe most cost-efficient way of achieving the set objectives.
\nLEGAL BASIS: Articles 103 and 114 of the\nTreaty on the Functioning of the European Union (TFEU).
\nCONTENT: this proposal seeks to ensure the\neffective enforcement of the EU competition rules in particular by\nensuring that victims of infringements of the EU competition\nrules can obtain full compensation for the harm they\nsuffered.
\nScope: the proposed\nDirective would set out rules ensuring equivalent protection\nthroughout the Union for all natural or legal persons for harm\nthey they have suffered as a result of infringements of the EU\ncompetition rules and ensure that their right under EU law to full\ncompensation can be effectively exercised in the national\ncourts.
\nDisclosure of evidence: provision is made to ensure that, under certain\nconditions, the national courts can order the defendant or a\nthird party to disclose the evidence a claimant will need to\nprove his his antitrust damages claim and/or a related\ndefence.
\nNational courts should have at\ntheir disposal effective measures to protect any business\nsecrets or otherwise confidential information disclosed during\nthe proceedings. Furthermore, disclosure should not be allowed\nwhere it would be contrary to certain rights and obligations such\nas the obligation of professional secrecy.
\nProbative effect of national decisions:\npursuant to\nCouncil Regulation No 1/2003, a Commission decision relating to\nproceedings under Article 101 or 102 of the Treaty has a probative\neffect in subsequent actions for damages. It is proposed to give\nfinal infringement decisions by national competition authorities\n(or by a national review court) similar effect.
\nLimitation periods: the Commission proposes that the\nnational rules on limitation periods for a damages action: (i)\nallow victims sufficient time (at least five years) to bring\nan action after they became aware of the infringement, the harm it\ncaused and the identity of the infringer; (ii) prevent a limitation\nperiod from starting to run before the day on which a continuous or\nrepeated infringement ceases.
\nJoint and several liability: where several\nundertakings infringe the competition rules jointly (typically in\nthe case of a cartel), it is appropriate that they be jointly and\nseverally liable for the entire harm caused by the infringement.\nThe new proposal, however, introduces certain modifications with\nregard to the liability regime of immunity recipients.
\nPassing-on of overcharges: injured parties are entitled to\ncompensation for actual loss (overcharge harm) and for loss of\nprofit. To ensure that only the direct and indirect purchasers that\nactually suffered overcharge harm can effectively claim\ncompensation, the proposed Directive explicitly recognises the\npossibility for the infringing undertaking to invoke the passing-on\ndefence.
\nHowever, in situations where the\novercharge was passed on to natural or legal persons at the next\nlevel of the supply chain for whom it is legally impossible to\nclaim compensation, the passing-on defence cannot be\ninvoked.
\nQuantification of harm: to assist victims of a cartel in\nquantifying the harm caused by the competition law infringement,\nthe proposed Directive provides for a rebuttable presumption with\nregard to the existence of harm resulting from a cartel. The\ninfringing undertaking could rebut this presumption and use the\nevidence at its disposal to prove that the cartel did not cause\nharm.
\nConsensual Dispute Resolution: to provide an\nincentive to parties to settle their dispute consensually, the\nproposed Directive aims at optimising the balance between\nout-of-court settlements and actions for damages.
\nBUDGETARY IMPLICATION: the proposed Directive would\nhave no budgetary implications.
\nThe Council agreed on a general approach on a\ndraft directive concerning actions for damages for breaches of\nantitrust law which aims to facilitate claims by victims of\ninfringements of EU competition rules. It invited the Presidency to\nstart negotiations with the European Parliament on the basis of the\ngeneral approach with a view to reaching an agreement at first\nreading.
\nThe main points of the compromise were as\nfollows:
\nLegal basis: the\ncompromise text maintains the dual legal basis as proposed by the\nCommission.
\nLimits on the use of evidence obtained solely through\naccess to the file of a competition authority (Article\n7): the wording has been amended in\norder to allow Member States to protect the documents that have\nbeen obtained by a natural or legal person solely through access to\nthe file of a competition authority by either classifying them as\ninadmissible or by other means, using the tools available under\nnational law.
\nSuch a provision, while securing the protection of the\nidentified documents, does not predetermine the ways in which\nMember States shall secure such protection.
\nEffect of national decisions (Article\n9): the Presidency compromise removes\nthe cross-border binding effect of national decisions and only\nobliges Member States to accept them as means of evidence, in line\nwith applicable national procedural rules.
\nJoint and several liability (Article\n11): the objective of the Commission\nproposal was to strike the right balance between private and public\nenforcement of competition law.
\nThe proposal states that it should be avoided that by\npaying contribution to non-settling co-infringers for damages they\npaid to non-settling injured parties, the total amount of\ncompensation paid by the settling co-infringers exceeds their\nrelative responsibility for the harm caused by the infringement. It\nis therefore appropriate that the immunity recipient is liable in\nprinciple only to his own direct and indirect purchasers or\nproviders. The immunity recipient should remain fully liable to the\ninjured parties other than his direct or indirect purchasers or\nproviders only where they cannot obtain full compensation from the\nother infringers.
\nThe Presidency compromise deletes the sentence,\nthereby limiting the protection of leniency applicants against\ncivil liability to what is necessary to neutralise the negative\neffect of actions for damages on leniency programmes and public\nenforcement.
\nThe Committee on Economic and Monetary Affairs adopted\nthe report by Andreas SCHWAB (EPP, DE) on the proposal for a\ndirective of the European Parliament and of the Council on certain\nrules governing actions for damages under national law for\ninfringements of the competition law provisions of the Member\nStates and of the European Union.
\nThe Committee on Economic and Monetary Affairs,\nexercising its prerogatives as an associated committee under\nParliaments Rule 50 of the Rules of\nProcedure, also gave an opinion on the\nreport.
\nThe committee recommended that Parliaments\nposition adopted at first reading following the ordinary\nlegislative procedure should amend the Commission proposal as\nfollows:
\nScope of the Directive:\nanyone who has suffered harm caused by an infringement of Article\n101 or 102 TFEU or of national competition law by an undertaking\nor by a group of undertakings could effectively exercise the\nright to claim full compensation for that harm from that\nundertaking or group.
\nRight to full compensation: a person who has suffered harm caused by an\ninfringement of Union or national competition law should be able to\nclaim and obtain full compensation for that harm. Full compensation\nshall not include other damages such as punitive damages or\nmultiple damages, and penalties leading to overcompensation. The\ntotal level of fines and damages paid shall not be affected by\nproceedings on the part of the competition authority that follow on\nfrom or precede a private action.
\nDisclosure of evidence:\nMember States should ensure that in a proceeding relating to an\naction for damages before a national court in the Union upon\nrequest of a claimant who has presented a reasoned\njustification containing available facts and evidence\nsufficient to support the plausibility of its claim for damages.\nNational courts can order the defendant or a third party to\ndisclose relevant evidence. Member States shall ensure that\nnational courts request the disclosure of evidence from the\nnational competition authority where the defendant does not provide\nthe evidence requested.
\nMember States should ensure that: (i) national courts\nlimit disclosure of evidence to that which is proportionate\nand which relates to an action for damages in the Union; (ii)\nnational courts have the power to order disclosure of evidence\ncontaining confidential information where they consider it relevant\nto the action for damages; (iii) national courts give full effect\nto applicable legal professional privilege under Union or national\nlaw when ordering the disclosure of evidence.
\nInterested parties in possession of a document\nrequested for disclosure should be heard before a national\ncourt orders disclosure regarding information derived from the\nspecified documents.
\nDisclosure of evidence included in the file of a\ncompetition authority: it is\nstipulated that as a general rule, national courts shall not order\na party or a third party to disclose either of the following\ncategories of evidence in any form: (a) leniency statements; or (b)\nsettlement submissions.
\nWhere a claimant has presented reasonably available\nfacts and evidence showing plausibly that certain data or\ninformation pertaining to a document included in the file of a\ncompetition authority which cannot be otherwise provided is\nnecessary for determining the damage and supporting its claim,\nnational courts, may: (a) access and analyse such a document; (b)\nhear the interested parties in the possession of it; and (c) order\nthe limited disclosure of the relevant data.
\nLimitation periods: the\nlimitation period should begin on the latest date after an injured\nparty knows.
\nJoint and several liability: where the undertaking is a small or medium-sized\nenterprise, has not led or induced the infringement of competition\nlaw by other undertakings and has shown that its relative\nresponsibility for the damage caused by the infringement is less\nthan 5 % of the total, that it shall only be liable to its\ndirect and indirect purchasers.
\nSuspensive effect of consensual dispute\nresolution: according to the\nproposal, Member States shall ensure that national courts seized of\nan action for damages may suspend proceedings where the parties to\nthose proceedings are involved in consensual dispute resolution\nconcerning the claim covered by that action for damages. Members\nconsidered that this suspension should not be longer than one\nyear.
\nFollowing a consensual settlement, a competition\nauthority may consider the compensation paid prior to the decision\nas a mitigating factor when setting fines.
\nReview: the Commission\nshould review this Directive and shall submit a report to the\nEuropean Parliament and the Council by four years after the date of\nentry into force of this Directive. Where appropriate, that review\nshould be accompanied by a legislative proposal.
\nThe Council agreed on a general approach on a\ndraft directive concerning actions for damages for breaches of\nantitrust law which aims to facilitate claims by victims of\ninfringements of EU competition rules. It invited the Presidency to\nstart negotiations with the European Parliament on the basis of the\ngeneral approach with a view to reaching an agreement at first\nreading.
\nThe main points of the compromise were as\nfollows:
\nLegal basis: the\ncompromise text maintains the dual legal basis as proposed by the\nCommission.
\nLimits on the use of evidence obtained solely through\naccess to the file of a competition authority (Article\n7): the wording has been amended in\norder to allow Member States to protect the documents that have\nbeen obtained by a natural or legal person solely through access to\nthe file of a competition authority by either classifying them as\ninadmissible or by other means, using the tools available under\nnational law.
\nSuch a provision, while securing the protection of the\nidentified documents, does not predetermine the ways in which\nMember States shall secure such protection.
\nEffect of national decisions (Article\n9): the Presidency compromise removes\nthe cross-border binding effect of national decisions and only\nobliges Member States to accept them as means of evidence, in line\nwith applicable national procedural rules.
\nJoint and several liability (Article\n11): the objective of the Commission\nproposal was to strike the right balance between private and public\nenforcement of competition law.
\nThe proposal states that it should be avoided that by\npaying contribution to non-settling co-infringers for damages they\npaid to non-settling injured parties, the total amount of\ncompensation paid by the settling co-infringers exceeds their\nrelative responsibility for the harm caused by the infringement. It\nis therefore appropriate that the immunity recipient is liable in\nprinciple only to his own direct and indirect purchasers or\nproviders. The immunity recipient should remain fully liable to the\ninjured parties other than his direct or indirect purchasers or\nproviders only where they cannot obtain full compensation from the\nother infringers.
\nThe Presidency compromise deletes the sentence,\nthereby limiting the protection of leniency applicants against\ncivil liability to what is necessary to neutralise the negative\neffect of actions for damages on leniency programmes and public\nenforcement.
\nThe Council agreed on a general approach on a\ndraft directive concerning actions for damages for breaches of\nantitrust law which aims to facilitate claims by victims of\ninfringements of EU competition rules. It invited the Presidency to\nstart negotiations with the European Parliament on the basis of the\ngeneral approach with a view to reaching an agreement at first\nreading.
\nThe main points of the compromise were as\nfollows:
\nLegal basis: the\ncompromise text maintains the dual legal basis as proposed by the\nCommission.
\nLimits on the use of evidence obtained solely through\naccess to the file of a competition authority (Article\n7): the wording has been amended in\norder to allow Member States to protect the documents that have\nbeen obtained by a natural or legal person solely through access to\nthe file of a competition authority by either classifying them as\ninadmissible or by other means, using the tools available under\nnational law.
\nSuch a provision, while securing the protection of the\nidentified documents, does not predetermine the ways in which\nMember States shall secure such protection.
\nEffect of national decisions (Article\n9): the Presidency compromise removes\nthe cross-border binding effect of national decisions and only\nobliges Member States to accept them as means of evidence, in line\nwith applicable national procedural rules.
\nJoint and several liability (Article\n11): the objective of the Commission\nproposal was to strike the right balance between private and public\nenforcement of competition law.
\nThe proposal states that it should be avoided that by\npaying contribution to non-settling co-infringers for damages they\npaid to non-settling injured parties, the total amount of\ncompensation paid by the settling co-infringers exceeds their\nrelative responsibility for the harm caused by the infringement. It\nis therefore appropriate that the immunity recipient is liable in\nprinciple only to his own direct and indirect purchasers or\nproviders. The immunity recipient should remain fully liable to the\ninjured parties other than his direct or indirect purchasers or\nproviders only where they cannot obtain full compensation from the\nother infringers.
\nThe Presidency compromise deletes the sentence,\nthereby limiting the protection of leniency applicants against\ncivil liability to what is necessary to neutralise the negative\neffect of actions for damages on leniency programmes and public\nenforcement.
\nThe Council agreed on a general approach on a\ndraft directive concerning actions for damages for breaches of\nantitrust law which aims to facilitate claims by victims of\ninfringements of EU competition rules. It invited the Presidency to\nstart negotiations with the European Parliament on the basis of the\ngeneral approach with a view to reaching an agreement at first\nreading.
\nThe main points of the compromise were as\nfollows:
\nLegal basis: the\ncompromise text maintains the dual legal basis as proposed by the\nCommission.
\nLimits on the use of evidence obtained solely through\naccess to the file of a competition authority (Article\n7): the wording has been amended in\norder to allow Member States to protect the documents that have\nbeen obtained by a natural or legal person solely through access to\nthe file of a competition authority by either classifying them as\ninadmissible or by other means, using the tools available under\nnational law.
\nSuch a provision, while securing the protection of the\nidentified documents, does not predetermine the ways in which\nMember States shall secure such protection.
\nEffect of national decisions (Article\n9): the Presidency compromise removes\nthe cross-border binding effect of national decisions and only\nobliges Member States to accept them as means of evidence, in line\nwith applicable national procedural rules.
\nJoint and several liability (Article\n11): the objective of the Commission\nproposal was to strike the right balance between private and public\nenforcement of competition law.
\nThe proposal states that it should be avoided that by\npaying contribution to non-settling co-infringers for damages they\npaid to non-settling injured parties, the total amount of\ncompensation paid by the settling co-infringers exceeds their\nrelative responsibility for the harm caused by the infringement. It\nis therefore appropriate that the immunity recipient is liable in\nprinciple only to his own direct and indirect purchasers or\nproviders. The immunity recipient should remain fully liable to the\ninjured parties other than his direct or indirect purchasers or\nproviders only where they cannot obtain full compensation from the\nother infringers.
\nThe Presidency compromise deletes the sentence,\nthereby limiting the protection of leniency applicants against\ncivil liability to what is necessary to neutralise the negative\neffect of actions for damages on leniency programmes and public\nenforcement.
\nThe Council agreed on a general approach on a\ndraft directive concerning actions for damages for breaches of\nantitrust law which aims to facilitate claims by victims of\ninfringements of EU competition rules. It invited the Presidency to\nstart negotiations with the European Parliament on the basis of the\ngeneral approach with a view to reaching an agreement at first\nreading.
\nThe main points of the compromise were as\nfollows:
\nLegal basis: the\ncompromise text maintains the dual legal basis as proposed by the\nCommission.
\nLimits on the use of evidence obtained solely through\naccess to the file of a competition authority (Article\n7): the wording has been amended in\norder to allow Member States to protect the documents that have\nbeen obtained by a natural or legal person solely through access to\nthe file of a competition authority by either classifying them as\ninadmissible or by other means, using the tools available under\nnational law.
\nSuch a provision, while securing the protection of the\nidentified documents, does not predetermine the ways in which\nMember States shall secure such protection.
\nEffect of national decisions (Article\n9): the Presidency compromise removes\nthe cross-border binding effect of national decisions and only\nobliges Member States to accept them as means of evidence, in line\nwith applicable national procedural rules.
\nJoint and several liability (Article\n11): the objective of the Commission\nproposal was to strike the right balance between private and public\nenforcement of competition law.
\nThe proposal states that it should be avoided that by\npaying contribution to non-settling co-infringers for damages they\npaid to non-settling injured parties, the total amount of\ncompensation paid by the settling co-infringers exceeds their\nrelative responsibility for the harm caused by the infringement. It\nis therefore appropriate that the immunity recipient is liable in\nprinciple only to his own direct and indirect purchasers or\nproviders. The immunity recipient should remain fully liable to the\ninjured parties other than his direct or indirect purchasers or\nproviders only where they cannot obtain full compensation from the\nother infringers.
\nThe Presidency compromise deletes the sentence,\nthereby limiting the protection of leniency applicants against\ncivil liability to what is necessary to neutralise the negative\neffect of actions for damages on leniency programmes and public\nenforcement.
\nThe European Parliament adopted by 541 to 25 votes\nwith 12 abstentions, a legislative resolution on the proposal for a\ndirective of the European Parliament and of the Council on certain\nrules governing actions for damages under national law for\ninfringements of the competition law provisions of the Member\nStates and of the European Union.
\nParliament adopted its position at first reading\nfollowing the ordinary legislative procedure. The amendments\nadopted in plenary are the result of an agreement negotiated\nbetween the European Parliament and the Council. They modify the\nproposal as follows:
\nScope of the directive:\nthanks to the new rules, any natural or legal person who has\nsuffered harm caused by an infringement of competition law by an\nundertaking or by a group of undertakings could effectively\nexercise the right to claim full compensation for that harm from\nthat undertaking or group.
\nRight to full\ncompensation: the full\ncompensation for the damage should be obtained. It should cover the right\nto compensation for actual loss and for loss of profit,\nplus payment of interest. It should not lead to overcompensation, whether by\nmeans of punitive, multiple or other types of\ndamages.
\nPrinciples of effectiveness\nand equivalence: all national rules\nand procedures relating to the exercise of\nclaims for damages should be designed and applied in such a\nway that they do not render practically\nimpossible or excessively difficult the exercise of the\nright to full compensation.
\nFurthermore, the\nnational rules and procedures relating to\nactions for damages resulting from infringements of Article 101 or\n102 TFEU should not be less favourable\nto the alleged injured parties than\nthose governing similar actions for damages\nresulting from infringements of national law.
\nDisclosure of\nevidence: national courts should be able to order the\ndefendant or a third party to disclose relevant evidence which lies in their control in\nproceedings relating to an action for damages in the Union upon\nrequest of a claimant who has\npresented a reasoned justification\ncontaining reasonably available facts and evidence sufficient to support the plausibility of its claim\nfor damages.
\nThe court should be able under its\nstrict control, especially as regards the necessity and\nproportionality of the disclosure measure, to\norder disclosure of specified pieces of evidence or categories\nof evidence upon request of a party.
\nThe demand for disclosure should be proportionate.\nProvisions have been introduced to prevent\nfishing expeditions, that is,\nnon-specific searches of information which are unlikely to be of\nrelevance for the parties in the procedure.
\nNational courts would have the\npower to order disclosure of evidence containing\nconfidential information where they consider\nit relevant to the action for damages. In this case, they should have at their disposal\neffective measures to protect such\ninformation.
\nThose from whom disclosure is sought should have an opportunity to be heard before a national\ncourt orders disclosure.
\nIt is stated that the interest of\nundertakings to avoid actions for damages following an infringement\nof competition law shall not constitute an interest that warrants\nprotection.
\nDisclosure of evidence included\nin the file of a competition\nauthority: to ensure the undertakings' continued willingness to\nvoluntarily approach competition authorities with leniency\nstatements or settlement submissions, disclosure of evidence\nshould in no case apply to these\ndocuments.
\nThe applicant may submit a reasoned request that a\nnational court accesses the above-mentioned documents only to\nverify that their contents meet the Directives definitions\nrelating to the concepts of the statement made by a company\nwith a view to getting leniency and settlement submissions.
\nDuring this evaluation, the national authorities could\nonly request the assistance of a competent competition authority.\nThe authors of the documents concerned could also be heard. In any\nevent, the court would not allow access to these documents to the\nother parties or to third parties.
\nPenalties: national courts\nshould be able to effectively impose\npenalties on parties, third parties and\ntheir legal representatives in the event of failure or refusal to\ncomply with any national courts\ndisclosure order.
\nLimitation\nperiods: the limitation\nperiod shall not begin to run before the\ninfringement has ceased and the claimant knows, or can\nreasonably be expected to know the\nbehaviour and the fact that it\nconstitutes an infringement of competition law, the fact\nthat the infringement of competition\nlaw caused harm to him and the identity of the infringing undertaking.
\nJoint and several\nliability: where the\nundertaking is a small or medium-sized enterprise, it would be liable only to its own direct and\nindirect purchasers if: a) its market\nshare in the relevant market was below 5% at any time during the\ninfringement; and if b) the application of the normal rules of\njoint and several liability would irretrievably jeopardize the\neconomic viability of the company concerned.
\nSuspensive effect of\nconsensual dispute resolution: according to the amended text,\nthe suspension should not be longer than two\nyears.
\nAs a result of consensual dispute\nresolution, a competition authority could consider that\ncompensation paid as a result of a consensual settlement and prior\nto its decision imposing a fine to be a mitigating factor in the\nsetting thereof.
\nReview of the Directive:\nthe Commission should submit a report by four years after the date\nof entry into force. Where appropriate, that review would be\naccompanied by a legislative proposal.
\nPURPOSE: to facilitate the introduction of damage and\ninterest claims by victims of antitrust violations.
\nLEGISLATIVE ACT : Directive 2014/104/EU of the\nEuropean Parliament and of the Council on certain rules governing\nactions for damages under national law for infringements of the\ncompetition law provisions of the Member States and of the European\nUnion.
\nCONTENT: the Directive sets out certain rules\nnecessary to ensure that anyone who has suffered harm caused by an\ninfringement of competition law by an undertaking or by an\nassociation of undertakings can effectively exercise the right to\nclaim full compensation for that harm from that undertaking or\nassociation.
\nDisclosure of evidence:\nnational courts will be able to order the defendant or a third\nparty to disclose relevant evidence which lies in their control in\nproceedings relating to an action for damages in the Union, upon\nrequest of a claimant who has presented a reasoned justification\ncontaining reasonably available facts and evidence sufficient to\nsupport the plausibility of its claim.
\nMember States must ensure, however, that national\ncourts limit the disclosure of evidence to that which is\nproportionate. Provisions have been made to prevent fishing for\ninformation, meaning non-specific searches for information which is\nunlikely to be of relevance for the parties in the\nprocedure.
\nMember States shall ensure that national courts have\nthe power to order the disclosure of evidence containing\nconfidential information where they consider it relevant to the\naction for damages. When ordering the disclosure of such\ninformation, national courts must have at their disposal effective\nmeasures to protect such information. Those from whom disclosure is\nsought must be provided with an opportunity to be heard before a\nnational court orders disclosure.
\nDisclosure of evidence included in the file of a\ncompetition authority (leniency programme): a claimant may present a reasoned request that a\nnational court access leniency statements or settlement submissions\nfor the sole purpose of ensuring that their contents correspond to\nthe definitions in the Directive.
\nThe authors of the evidence in question may also have\nthe possibility to be heard. In no case shall the national court\npermit other parties or third parties access to that\nevidence.
\nPenalties: national\ncourts must be able effectively to impose penalties on parties,\nthird parties and their legal representatives in the event of\ncircumstances set out in the directive.
\nEffect of national decisions: Member States shall ensure that where a final\ndecision is taken in another Member State, that final decision may\nbe presented before their national courts as at least prima facie\nevidence that an infringement of competition law has\noccurred.
\nLimitation periods:\nlimitation periods shall not begin to run before the infringement\nof competition law has ceased and the claimant knows, or can\nreasonably be expected to know of the behaviour and the fact that\nit constitutes an infringement of competition law. Limitation\nperiods for bringing actions for damages are at least five\nyears.
\nJoint and several liability: undertakings which have infringed competition law\nthrough joint behaviour must be jointly and severally liable for\nthe harm caused by the infringement of competition law. Where the\ninfringer is a small or medium-sized enterprise (SME) it will be\nliable only to its own direct and indirect purchasers where: (a)\nits market share in the relevant market was below 5 % at any time\nduring the infringement of competition law; and (b) the application\nof the normal rules of joint and several liability would\nirretrievably jeopardise its economic viability and cause its\nassets to lose all their value. This derogation shall not apply\nwhere the SME has led the infringement of competition\nlaw.
\nPassing-on of overcharges and the right to full\ncompensation: compensation of harm\ncan be claimed by anyone who suffered it, irrespective of whether\nthey are direct or indirect purchasers from an infringer, and\ncompensation of harm exceeding that caused by the infringement of\ncompetition law to the claimant, as well as the absence of\nliability of the infringer, must be avoided.
\nThe defendant in an action for damages can invoke as a\ndefence against a claim for damages the fact that the claimant\npassed on the whole or part of the overcharge resulting from the\ninfringement of competition law. The burden of proving that the\novercharge was passed on shall be on the defendant.
\nMember States shall ensure that neither the burden nor\nthe standard of proof required for the quantification of harm\nrenders the exercise of the right to damages practically impossible\nor excessively difficult.
\nSuspensive and other effects of consensual dispute\nresolution: the limitation period for\nbringing an action for damages must be suspended for the duration\nof any consensual dispute resolution process. Proceedings may be\nsuspended for up to two years.
\nA competition authority may consider compensation paid\nas a result of a consensual settlement and prior to its decision\nimposing a fine to be a mitigating factor.
\nReview of the Directive:\nthe Commission must submit a report by 27 December 2020. If\nappropriate, the report shall be accompanied by a legislative\nproposal.
\nENTRY INTO FORCE: 25.12.2014.
\nTRANSPOSITION: by 27.12.2016.
\nPURPOSE: to facilitate the introduction of damage and\ninterest claims by victims of antitrust violations.
\nPROPOSED ACT: Directive of the European Parliament and\nof the Council.
\nROLE OF THE EUROPEAN PARLIAMENT: the European\nParliament decides in accordance with the ordinary legislative\nprocedure and on an equal footing with the Council.
\nBACKGROUND: damages claims for breaches of Articles\n101 or 102 of the Treaty on the Functioning of the European Union\n(TFEU) constitute an important area of private enforcement of EU\ncompetition law. It follows from the direct effect of the\nprohibitions laid down in Articles 101 and 102 of the Treaty that\nany individual can claim compensation for the harm suffered,\nwhere there is a causal relationship between that harm and an\ninfringement of the EU competition rules. Injured parties must\nbe able to seek compensation not only for the actual loss suffered\nbut also for the gain of which they have been deprived plus\ninterest.
\nThe Court of Justice of the European Union\nhas clarified that the full effectiveness of\nthe EU competition rules and, in particular, the practical effect\nof the prohibitions they contain would be put at risk if it were\nnot open to any person to claim damages for loss caused to him/her\nby a contract or conduct liable to restrict or distort competition.\nIt considered that damages actions strengthen the working of the EU\ncompetition rules and can thus make a significant contribution to\nmaintaining effective competition in the EU.
\nWhile the right to full\ncompensation is guaranteed by the Treaty itself, the practical\nexercise of this right is often rendered difficult or almost\nimpossible because of the applicable rules and procedures. Despite\nsome recent signs of improvement in a few Member States, to date\nmost victims of infringements of the EU competition rules in\npractice do not obtain compensation for the harm suffered.\nBesides these specific substantive obstacles to effective\ncompensation (already identified in the Commissions 2005 Green\nPaper), there is a wide diversity as regards\nthe national legal rules governing antitrust damages\nactions.
\nTo remedy this situation, the Commission put forward\nconcrete policy proposals in its 2008 White Paper. In\nthe ensuing public consultation, civil society and institutional\nstakeholders, such as the European Parliament, largely welcomed\nthese policy measures and called for specific EU legislation on\nantitrust damages actions.
\nIMPACT ASSESSMENT: the impact assessment report\nfocused on four options which ranged from no action at the EU\nlevel, through a soft-law approach, to two options for legally\nbinding EU action. The preferred option is considered to be\nthe most cost-efficient way of achieving the set objectives.
\nLEGAL BASIS: Articles 103 and 114 of the\nTreaty on the Functioning of the European Union (TFEU).
\nCONTENT: this proposal seeks to ensure the\neffective enforcement of the EU competition rules in particular by\nensuring that victims of infringements of the EU competition\nrules can obtain full compensation for the harm they\nsuffered.
\nScope: the proposed\nDirective would set out rules ensuring equivalent protection\nthroughout the Union for all natural or legal persons for harm\nthey they have suffered as a result of infringements of the EU\ncompetition rules and ensure that their right under EU law to full\ncompensation can be effectively exercised in the national\ncourts.
\nDisclosure of evidence: provision is made to ensure that, under certain\nconditions, the national courts can order the defendant or a\nthird party to disclose the evidence a claimant will need to\nprove his his antitrust damages claim and/or a related\ndefence.
\nNational courts should have at\ntheir disposal effective measures to protect any business\nsecrets or otherwise confidential information disclosed during\nthe proceedings. Furthermore, disclosure should not be allowed\nwhere it would be contrary to certain rights and obligations such\nas the obligation of professional secrecy.
\nProbative effect of national decisions:\npursuant to\nCouncil Regulation No 1/2003, a Commission decision relating to\nproceedings under Article 101 or 102 of the Treaty has a probative\neffect in subsequent actions for damages. It is proposed to give\nfinal infringement decisions by national competition authorities\n(or by a national review court) similar effect.
\nLimitation periods: the Commission proposes that the\nnational rules on limitation periods for a damages action: (i)\nallow victims sufficient time (at least five years) to bring\nan action after they became aware of the infringement, the harm it\ncaused and the identity of the infringer; (ii) prevent a limitation\nperiod from starting to run before the day on which a continuous or\nrepeated infringement ceases.
\nJoint and several liability: where several\nundertakings infringe the competition rules jointly (typically in\nthe case of a cartel), it is appropriate that they be jointly and\nseverally liable for the entire harm caused by the infringement.\nThe new proposal, however, introduces certain modifications with\nregard to the liability regime of immunity recipients.
\nPassing-on of overcharges: injured parties are entitled to\ncompensation for actual loss (overcharge harm) and for loss of\nprofit. To ensure that only the direct and indirect purchasers that\nactually suffered overcharge harm can effectively claim\ncompensation, the proposed Directive explicitly recognises the\npossibility for the infringing undertaking to invoke the passing-on\ndefence.
\nHowever, in situations where the\novercharge was passed on to natural or legal persons at the next\nlevel of the supply chain for whom it is legally impossible to\nclaim compensation, the passing-on defence cannot be\ninvoked.
\nQuantification of harm: to assist victims of a cartel in\nquantifying the harm caused by the competition law infringement,\nthe proposed Directive provides for a rebuttable presumption with\nregard to the existence of harm resulting from a cartel. The\ninfringing undertaking could rebut this presumption and use the\nevidence at its disposal to prove that the cartel did not cause\nharm.
\nConsensual Dispute Resolution: to provide an\nincentive to parties to settle their dispute consensually, the\nproposed Directive aims at optimising the balance between\nout-of-court settlements and actions for damages.
\nBUDGETARY IMPLICATION: the proposed Directive would\nhave no budgetary implications.
\nThe Council agreed on a general approach on a\ndraft directive concerning actions for damages for breaches of\nantitrust law which aims to facilitate claims by victims of\ninfringements of EU competition rules. It invited the Presidency to\nstart negotiations with the European Parliament on the basis of the\ngeneral approach with a view to reaching an agreement at first\nreading.
\nThe main points of the compromise were as\nfollows:
\nLegal basis: the\ncompromise text maintains the dual legal basis as proposed by the\nCommission.
\nLimits on the use of evidence obtained solely through\naccess to the file of a competition authority (Article\n7): the wording has been amended in\norder to allow Member States to protect the documents that have\nbeen obtained by a natural or legal person solely through access to\nthe file of a competition authority by either classifying them as\ninadmissible or by other means, using the tools available under\nnational law.
\nSuch a provision, while securing the protection of the\nidentified documents, does not predetermine the ways in which\nMember States shall secure such protection.
\nEffect of national decisions (Article\n9): the Presidency compromise removes\nthe cross-border binding effect of national decisions and only\nobliges Member States to accept them as means of evidence, in line\nwith applicable national procedural rules.
\nJoint and several liability (Article\n11): the objective of the Commission\nproposal was to strike the right balance between private and public\nenforcement of competition law.
\nThe proposal states that it should be avoided that by\npaying contribution to non-settling co-infringers for damages they\npaid to non-settling injured parties, the total amount of\ncompensation paid by the settling co-infringers exceeds their\nrelative responsibility for the harm caused by the infringement. It\nis therefore appropriate that the immunity recipient is liable in\nprinciple only to his own direct and indirect purchasers or\nproviders. The immunity recipient should remain fully liable to the\ninjured parties other than his direct or indirect purchasers or\nproviders only where they cannot obtain full compensation from the\nother infringers.
\nThe Presidency compromise deletes the sentence,\nthereby limiting the protection of leniency applicants against\ncivil liability to what is necessary to neutralise the negative\neffect of actions for damages on leniency programmes and public\nenforcement.
\nThe Committee on Economic and Monetary Affairs adopted\nthe report by Andreas SCHWAB (EPP, DE) on the proposal for a\ndirective of the European Parliament and of the Council on certain\nrules governing actions for damages under national law for\ninfringements of the competition law provisions of the Member\nStates and of the European Union.
\nThe Committee on Economic and Monetary Affairs,\nexercising its prerogatives as an associated committee under\nParliaments Rule 50 of the Rules of\nProcedure, also gave an opinion on the\nreport.
\nThe committee recommended that Parliaments\nposition adopted at first reading following the ordinary\nlegislative procedure should amend the Commission proposal as\nfollows:
\nScope of the Directive:\nanyone who has suffered harm caused by an infringement of Article\n101 or 102 TFEU or of national competition law by an undertaking\nor by a group of undertakings could effectively exercise the\nright to claim full compensation for that harm from that\nundertaking or group.
\nRight to full compensation: a person who has suffered harm caused by an\ninfringement of Union or national competition law should be able to\nclaim and obtain full compensation for that harm. Full compensation\nshall not include other damages such as punitive damages or\nmultiple damages, and penalties leading to overcompensation. The\ntotal level of fines and damages paid shall not be affected by\nproceedings on the part of the competition authority that follow on\nfrom or precede a private action.
\nDisclosure of evidence:\nMember States should ensure that in a proceeding relating to an\naction for damages before a national court in the Union upon\nrequest of a claimant who has presented a reasoned\njustification containing available facts and evidence\nsufficient to support the plausibility of its claim for damages.\nNational courts can order the defendant or a third party to\ndisclose relevant evidence. Member States shall ensure that\nnational courts request the disclosure of evidence from the\nnational competition authority where the defendant does not provide\nthe evidence requested.
\nMember States should ensure that: (i) national courts\nlimit disclosure of evidence to that which is proportionate\nand which relates to an action for damages in the Union; (ii)\nnational courts have the power to order disclosure of evidence\ncontaining confidential information where they consider it relevant\nto the action for damages; (iii) national courts give full effect\nto applicable legal professional privilege under Union or national\nlaw when ordering the disclosure of evidence.
\nInterested parties in possession of a document\nrequested for disclosure should be heard before a national\ncourt orders disclosure regarding information derived from the\nspecified documents.
\nDisclosure of evidence included in the file of a\ncompetition authority: it is\nstipulated that as a general rule, national courts shall not order\na party or a third party to disclose either of the following\ncategories of evidence in any form: (a) leniency statements; or (b)\nsettlement submissions.
\nWhere a claimant has presented reasonably available\nfacts and evidence showing plausibly that certain data or\ninformation pertaining to a document included in the file of a\ncompetition authority which cannot be otherwise provided is\nnecessary for determining the damage and supporting its claim,\nnational courts, may: (a) access and analyse such a document; (b)\nhear the interested parties in the possession of it; and (c) order\nthe limited disclosure of the relevant data.
\nLimitation periods: the\nlimitation period should begin on the latest date after an injured\nparty knows.
\nJoint and several liability: where the undertaking is a small or medium-sized\nenterprise, has not led or induced the infringement of competition\nlaw by other undertakings and has shown that its relative\nresponsibility for the damage caused by the infringement is less\nthan 5 % of the total, that it shall only be liable to its\ndirect and indirect purchasers.
\nSuspensive effect of consensual dispute\nresolution: according to the\nproposal, Member States shall ensure that national courts seized of\nan action for damages may suspend proceedings where the parties to\nthose proceedings are involved in consensual dispute resolution\nconcerning the claim covered by that action for damages. Members\nconsidered that this suspension should not be longer than one\nyear.
\nFollowing a consensual settlement, a competition\nauthority may consider the compensation paid prior to the decision\nas a mitigating factor when setting fines.
\nReview: the Commission\nshould review this Directive and shall submit a report to the\nEuropean Parliament and the Council by four years after the date of\nentry into force of this Directive. Where appropriate, that review\nshould be accompanied by a legislative proposal.
\nThe European Parliament adopted by 541 to 25 votes\nwith 12 abstentions, a legislative resolution on the proposal for a\ndirective of the European Parliament and of the Council on certain\nrules governing actions for damages under national law for\ninfringements of the competition law provisions of the Member\nStates and of the European Union.
\nParliament adopted its position at first reading\nfollowing the ordinary legislative procedure. The amendments\nadopted in plenary are the result of an agreement negotiated\nbetween the European Parliament and the Council. They modify the\nproposal as follows:
\nScope of the directive:\nthanks to the new rules, any natural or legal person who has\nsuffered harm caused by an infringement of competition law by an\nundertaking or by a group of undertakings could effectively\nexercise the right to claim full compensation for that harm from\nthat undertaking or group.
\nRight to full\ncompensation: the full\ncompensation for the damage should be obtained. It should cover the right\nto compensation for actual loss and for loss of profit,\nplus payment of interest. It should not lead to overcompensation, whether by\nmeans of punitive, multiple or other types of\ndamages.
\nPrinciples of effectiveness\nand equivalence: all national rules\nand procedures relating to the exercise of\nclaims for damages should be designed and applied in such a\nway that they do not render practically\nimpossible or excessively difficult the exercise of the\nright to full compensation.
\nFurthermore, the\nnational rules and procedures relating to\nactions for damages resulting from infringements of Article 101 or\n102 TFEU should not be less favourable\nto the alleged injured parties than\nthose governing similar actions for damages\nresulting from infringements of national law.
\nDisclosure of\nevidence: national courts should be able to order the\ndefendant or a third party to disclose relevant evidence which lies in their control in\nproceedings relating to an action for damages in the Union upon\nrequest of a claimant who has\npresented a reasoned justification\ncontaining reasonably available facts and evidence sufficient to support the plausibility of its claim\nfor damages.
\nThe court should be able under its\nstrict control, especially as regards the necessity and\nproportionality of the disclosure measure, to\norder disclosure of specified pieces of evidence or categories\nof evidence upon request of a party.
\nThe demand for disclosure should be proportionate.\nProvisions have been introduced to prevent\nfishing expeditions, that is,\nnon-specific searches of information which are unlikely to be of\nrelevance for the parties in the procedure.
\nNational courts would have the\npower to order disclosure of evidence containing\nconfidential information where they consider\nit relevant to the action for damages. In this case, they should have at their disposal\neffective measures to protect such\ninformation.
\nThose from whom disclosure is sought should have an opportunity to be heard before a national\ncourt orders disclosure.
\nIt is stated that the interest of\nundertakings to avoid actions for damages following an infringement\nof competition law shall not constitute an interest that warrants\nprotection.
\nDisclosure of evidence included\nin the file of a competition\nauthority: to ensure the undertakings' continued willingness to\nvoluntarily approach competition authorities with leniency\nstatements or settlement submissions, disclosure of evidence\nshould in no case apply to these\ndocuments.
\nThe applicant may submit a reasoned request that a\nnational court accesses the above-mentioned documents only to\nverify that their contents meet the Directives definitions\nrelating to the concepts of the statement made by a company\nwith a view to getting leniency and settlement submissions.
\nDuring this evaluation, the national authorities could\nonly request the assistance of a competent competition authority.\nThe authors of the documents concerned could also be heard. In any\nevent, the court would not allow access to these documents to the\nother parties or to third parties.
\nPenalties: national courts\nshould be able to effectively impose\npenalties on parties, third parties and\ntheir legal representatives in the event of failure or refusal to\ncomply with any national courts\ndisclosure order.
\nLimitation\nperiods: the limitation\nperiod shall not begin to run before the\ninfringement has ceased and the claimant knows, or can\nreasonably be expected to know the\nbehaviour and the fact that it\nconstitutes an infringement of competition law, the fact\nthat the infringement of competition\nlaw caused harm to him and the identity of the infringing undertaking.
\nJoint and several\nliability: where the\nundertaking is a small or medium-sized enterprise, it would be liable only to its own direct and\nindirect purchasers if: a) its market\nshare in the relevant market was below 5% at any time during the\ninfringement; and if b) the application of the normal rules of\njoint and several liability would irretrievably jeopardize the\neconomic viability of the company concerned.
\nSuspensive effect of\nconsensual dispute resolution: according to the amended text,\nthe suspension should not be longer than two\nyears.
\nAs a result of consensual dispute\nresolution, a competition authority could consider that\ncompensation paid as a result of a consensual settlement and prior\nto its decision imposing a fine to be a mitigating factor in the\nsetting thereof.
\nReview of the Directive:\nthe Commission should submit a report by four years after the date\nof entry into force. Where appropriate, that review would be\naccompanied by a legislative proposal.
\nPURPOSE: to facilitate the introduction of damage and\ninterest claims by victims of antitrust violations.
\nLEGISLATIVE ACT : Directive 2014/104/EU of the\nEuropean Parliament and of the Council on certain rules governing\nactions for damages under national law for infringements of the\ncompetition law provisions of the Member States and of the European\nUnion.
\nCONTENT: the Directive sets out certain rules\nnecessary to ensure that anyone who has suffered harm caused by an\ninfringement of competition law by an undertaking or by an\nassociation of undertakings can effectively exercise the right to\nclaim full compensation for that harm from that undertaking or\nassociation.
\nDisclosure of evidence:\nnational courts will be able to order the defendant or a third\nparty to disclose relevant evidence which lies in their control in\nproceedings relating to an action for damages in the Union, upon\nrequest of a claimant who has presented a reasoned justification\ncontaining reasonably available facts and evidence sufficient to\nsupport the plausibility of its claim.
\nMember States must ensure, however, that national\ncourts limit the disclosure of evidence to that which is\nproportionate. Provisions have been made to prevent fishing for\ninformation, meaning non-specific searches for information which is\nunlikely to be of relevance for the parties in the\nprocedure.
\nMember States shall ensure that national courts have\nthe power to order the disclosure of evidence containing\nconfidential information where they consider it relevant to the\naction for damages. When ordering the disclosure of such\ninformation, national courts must have at their disposal effective\nmeasures to protect such information. Those from whom disclosure is\nsought must be provided with an opportunity to be heard before a\nnational court orders disclosure.
\nDisclosure of evidence included in the file of a\ncompetition authority (leniency programme): a claimant may present a reasoned request that a\nnational court access leniency statements or settlement submissions\nfor the sole purpose of ensuring that their contents correspond to\nthe definitions in the Directive.
\nThe authors of the evidence in question may also have\nthe possibility to be heard. In no case shall the national court\npermit other parties or third parties access to that\nevidence.
\nPenalties: national\ncourts must be able effectively to impose penalties on parties,\nthird parties and their legal representatives in the event of\ncircumstances set out in the directive.
\nEffect of national decisions: Member States shall ensure that where a final\ndecision is taken in another Member State, that final decision may\nbe presented before their national courts as at least prima facie\nevidence that an infringement of competition law has\noccurred.
\nLimitation periods:\nlimitation periods shall not begin to run before the infringement\nof competition law has ceased and the claimant knows, or can\nreasonably be expected to know of the behaviour and the fact that\nit constitutes an infringement of competition law. Limitation\nperiods for bringing actions for damages are at least five\nyears.
\nJoint and several liability: undertakings which have infringed competition law\nthrough joint behaviour must be jointly and severally liable for\nthe harm caused by the infringement of competition law. Where the\ninfringer is a small or medium-sized enterprise (SME) it will be\nliable only to its own direct and indirect purchasers where: (a)\nits market share in the relevant market was below 5 % at any time\nduring the infringement of competition law; and (b) the application\nof the normal rules of joint and several liability would\nirretrievably jeopardise its economic viability and cause its\nassets to lose all their value. This derogation shall not apply\nwhere the SME has led the infringement of competition\nlaw.
\nPassing-on of overcharges and the right to full\ncompensation: compensation of harm\ncan be claimed by anyone who suffered it, irrespective of whether\nthey are direct or indirect purchasers from an infringer, and\ncompensation of harm exceeding that caused by the infringement of\ncompetition law to the claimant, as well as the absence of\nliability of the infringer, must be avoided.
\nThe defendant in an action for damages can invoke as a\ndefence against a claim for damages the fact that the claimant\npassed on the whole or part of the overcharge resulting from the\ninfringement of competition law. The burden of proving that the\novercharge was passed on shall be on the defendant.
\nMember States shall ensure that neither the burden nor\nthe standard of proof required for the quantification of harm\nrenders the exercise of the right to damages practically impossible\nor excessively difficult.
\nSuspensive and other effects of consensual dispute\nresolution: the limitation period for\nbringing an action for damages must be suspended for the duration\nof any consensual dispute resolution process. Proceedings may be\nsuspended for up to two years.
\nA competition authority may consider compensation paid\nas a result of a consensual settlement and prior to its decision\nimposing a fine to be a mitigating factor.
\nReview of the Directive:\nthe Commission must submit a report by 27 December 2020. If\nappropriate, the report shall be accompanied by a legislative\nproposal.
\nENTRY INTO FORCE: 25.12.2014.
\nTRANSPOSITION: by 27.12.2016.
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