BETA
This is a historical view (2014/03/22)

Changes: 2023/08/03docs, events.docs.url, links.National_parliaments.url, committees.associated, 2021/12/18docs.docs.url, procedure.Other_legal_basis, events, events.type, events.docs.url, procedure.Modified_legal_basis, committees.shadows, docs, 2020/01/19committees, events.docs.url, docs.body, 2019/07/06events, procedure.final.url, procedure.dossier_of_the_committee, procedure.Mandatory_consultation_of_other_institutions, other, activities, procedure.subject, commission, docs, otherinst, committees, procedure.Modified_legal_basis, procedure.other_consulted_institutions, council, 2015/11/04activities.docs.celexid, 2015/11/04activities.docs.celexid, links.European_Commission.title, activities.docs.url, 2015/01/07procedure.final.url, procedure.final.title, activities.docs, activities.text, 2014/12/11procedure.final, procedure.stage_reached, activities, 2014/12/04activities, 2014/11/27procedure.stage_reached, activities, 2014/11/14activities.committees.shadows.mepref, committees.shadows.mepref, 2014/11/12procedure.stage_reached, activities, other, 2014/11/09activities.committees.shadows.mepref, committees.rapporteur.mepref, activities.committees.rapporteur.mepref, committees.shadows.mepref, 2014/08/08activities.type, activities.docs, 2014/07/27committees.shadows.group, activities.committees.shadows.group, 2014/07/26committees.shadows.group, activities.committees.shadows.group, 2014/07/25committees.shadows.group, activities.committees.shadows.group, 2014/07/24committees.shadows.group, activities.committees.shadows.group, 2014/07/23committees.shadows.group, activities.committees.shadows.group, 2014/07/22committees.shadows.group, activities.committees.shadows.group, 2014/07/21committees.shadows.group, activities.committees.shadows.group, 2014/07/20committees.shadows.group, activities.committees.shadows.group, 2014/07/19committees.shadows.group, activities.committees.shadows.group, 2014/07/18committees.shadows.group, activities.committees.shadows.group, 2014/07/17committees.shadows.group, activities.committees.shadows.group, 2014/07/16activities.committees.shadows, activities.committees.rapporteur, activities.committees.date, committees.shadows, committees.date, committees.rapporteur, 2014/07/07activities.committees.shadows, activities.committees.rapporteur, activities.committees.date, procedure.Modified_legal_basis, committees.shadows, committees.date, committees.rapporteur, 2014/05/14activities.docs.text, 2014/05/04activities.docs.url, 2014/05/01procedure.stage_reached, activities, 2014/04/25procedure.stage_reached, activities, 2014/04/21activities, 2014/04/18activities.type, 2014/04/15activities.docs, activities.text, 2014/04/12activities.text, activities.docs, 2014/04/11activities.date, 2014/04/10activities.docs.text, 2014/04/05activities.type, activities, activities.docs, 2014/03/22activities.docs.url

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Awaiting Parliament 1st reading / single reading / budget 1st stage



2013/0185(COD) Rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the EU
Next event: Indicative plenary sitting date, 1st reading/single reading 2014/04/15
RoleCommitteeRapporteurShadows
Lead ECON SCHWAB Andreas (EPP) SÁNCHEZ PRESEDO Antolín (S&D), IN 'T VELD Sophia (ALDE), EICKHOUT Bas (Verts/ALE), EPPINK Derk Jan (ECR), KLUTE Jürgen (GUE/NGL)
Opinion IMCO SCHMIDT Olle (ALDE)
Opinion ITRE
Opinion JURI RAPKAY Bernhard (S&D)
Lead committee dossier: ECON/7/13019
Legal Basis TFEU 103-p1, TFEU 114

Activites

  • 2014/04/15 Indicative plenary sitting date, 1st reading/single reading
  • 2014/02/04 Committee report tabled for plenary, 1st reading/single reading
  • 2014/01/27 Vote in committee, 1st reading/single reading
  • 2013/12/12 Referral to associated committees announced in Parliament
  • #3276
  • 2013/12/03 Council Meeting
    • 3276 summary
  • 2013/07/01 Committee referral announced in Parliament, 1st reading/single reading
  • 2013/06/11 Legislative proposal published
    • COM(2013)0404 summary
    • DG {'url': 'http://ec.europa.eu/dgs/competition/', 'title': 'Competition'}, ALMUNIA Joaquín

Documents

AmendmentsDossier
363 2013/0185(COD)
2013/10/18 IMCO 80 amendments...
source: PE-521.778
2013/11/08 ECON 164 amendments...
source: PE-521.623
2013/12/20 JURI 119 amendments...
source: PE-526.199

History

(these mark the time of scraping, not the official date of the change)

activities/2/docs/0/url
Old
http://www.europarl.europa.eu/ http://register.consilium.europa.eu/servlet/driver?page=Result&typ=Simple&cmsid=638&ff_COTE_DOCUMENT=&ff_TITRE=&ff_SOUS_COTE_MATIERE=&fc=REGAISEN&srm=25&md=400&ssf=DATE_DOCUMENT+DESC&single_comparator=%3D&from_date=&to_date=&lang=EN&ff_FT_TEXT=3276&dd_DATE_REUNION=03/12/2013&single_date=03/12/2013
New
http://register.consilium.europa.eu/content/out?lang=EN&ff_FT_TEXT=3276&dd_DATE_REUNION=03/12/2013&single_date=03/12/2013
procedure/Modified legal basis
Rules of Procedure of the European Parliament EP 138
activities/5
date
2014-02-04T00:00:00
body
EP
type
Committee report tabled for plenary, 1st reading/single reading
committees
procedure/stage_reached
Old
Awaiting committee decision
New
Awaiting Parliament 1st reading / single reading / budget 1st stage
activities/4/committees
  • body: EP shadows: group: S&D name: SÁNCHEZ PRESEDO Antolín group: ALDE name: IN 'T VELD Sophia group: Verts/ALE name: EICKHOUT Bas group: ECR name: EPPINK Derk Jan group: GUE/NGL name: KLUTE Jürgen responsible: True committee: ECON date: 2013-06-18T00:00:00 committee_full: Economic and Monetary Affairs (Associated committee) rapporteur: group: EPP name: SCHWAB Andreas
  • body: EP responsible: False committee: IMCO date: 2013-07-09T00:00:00 committee_full: Internal Market and Consumer Protection rapporteur: group: ALDE name: SCHMIDT Olle
  • body: EP responsible: False committee_full: Industry, Research and Energy committee: ITRE
  • body: EP responsible: False committee: JURI date: 2013-06-19T00:00:00 committee_full: Legal Affairs (Associated committee) rapporteur: group: S&D name: RAPKAY Bernhard
activities/4/type
Old
Vote scheduled in committee, 1st reading/single reading
New
Vote in committee, 1st reading/single reading
procedure/Modified legal basis
Rules of Procedure of the European Parliament EP 138
activities/2/docs/0/text
  • The Council agreed on a general approach on a draft directive concerning actions for damages for breaches of antitrust law which aims to facilitate claims by victims of infringements of EU competition rules. It invited the Presidency to start negotiations with the European Parliament on the basis of the general approach with a view to reaching an agreement at first reading.

    The main points of the compromise were as follows:

    Legal basis: the compromise text maintains the dual legal basis as proposed by the Commission.

    Limits on the use of evidence obtained solely through access to the file of a competition authority (Article 7): the wording has been amended in order to allow Member States to protect the documents that have been obtained by a natural or legal person solely through access to the file of a competition authority by either classifying them as inadmissible or by other means, using the tools available under national law.

    Such a provision, while securing the protection of the identified documents, does not predetermine the ways in which Member States shall secure such protection.

    Effect of national decisions (Article 9): the Presidency compromise removes the cross-border binding effect of national decisions and only obliges Member States to accept them as means of evidence, in line with applicable national procedural rules.

    Joint and several liability (Article 11): the objective of the Commission proposal was to strike the right balance between private and public enforcement of competition law.

    The proposal states that it should be avoided that by paying contribution to non-settling co-infringers for damages they paid to non-settling injured parties, the total amount of compensation paid by the settling co-infringers exceeds their relative responsibility for the harm caused by the infringement. It is therefore appropriate that the immunity recipient is liable in principle only to his own direct and indirect purchasers or providers. The immunity recipient should remain fully liable to the injured parties other than his direct or indirect purchasers or providers only where they cannot obtain full compensation from the other infringers.

    The Presidency compromise deletes the sentence, thereby limiting the protection of leniency applicants against civil liability to what is necessary to neutralise the negative effect of actions for damages on leniency programmes and public enforcement.

activities/0
date
2013-06-11T00:00:00
docs
body
EC
type
Legislative proposal
commission
DG: url: http://ec.europa.eu/dgs/competition/ title: Competition Commissioner: ALMUNIA Joaquín
activities/0/body
Old
EP
New
EC
activities/0/commission
  • DG: url: http://ec.europa.eu/dgs/competition/ title: Competition Commissioner: ALMUNIA Joaquín
activities/0/date
Old
2013-11-08T00:00:00
New
2013-06-11T00:00:00
activities/0/docs/0/celexid
CELEX:52013PC0404:EN
activities/0/docs/0/text
  • PURPOSE: to facilitate the introduction of damage and interest claims by victims of antitrust violations.

    PROPOSED ACT: Directive of the European Parliament and of the Council.

    ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

    BACKGROUND: damages claims for breaches of Articles 101 or 102 of the Treaty on the Functioning of the European Union (TFEU) constitute an important area of private enforcement of EU competition law. It follows from the direct effect of the prohibitions laid down in Articles 101 and 102 of the Treaty that any individual can claim compensation for the harm suffered, where there is a causal relationship between that harm and an infringement of the EU competition rules. Injured parties must be able to seek compensation not only for the actual loss suffered but also for the gain of which they have been deprived plus interest.

    The Court of Justice of the European Union has clarified that the full effectiveness of the EU competition rules and, in particular, the practical effect of the prohibitions they contain would be put at risk if it were not open to any person to claim damages for loss caused to him/her by a contract or conduct liable to restrict or distort competition. It considered that damages actions strengthen the working of the EU competition rules and can thus make a significant contribution to maintaining effective competition in the EU.

    While the right to full compensation is guaranteed by the Treaty itself, the practical exercise of this right is often rendered difficult or almost impossible because of the applicable rules and procedures. Despite some recent signs of improvement in a few Member States, to date most victims of infringements of the EU competition rules in practice do not obtain compensation for the harm suffered. Besides these specific substantive obstacles to effective compensation (already identified in the Commission’s 2005 Green Paper), there is a wide diversity as regards the national legal rules governing antitrust damages actions.

    To remedy this situation, the Commission put forward concrete policy proposals in its 2008 White Paper. In the ensuing public consultation, civil society and institutional stakeholders, such as the European Parliament, largely welcomed these policy measures and called for specific EU legislation on antitrust damages actions.

    IMPACT ASSESSMENT: the impact assessment report focused on four options which ranged from no action at the EU level, through a soft-law approach, to two options for legally binding EU action. The preferred option is considered to be the most cost-efficient way of achieving the set objectives.

    LEGAL BASIS: Articles 103 and 114 of the Treaty on the Functioning of the European Union (TFEU).

    CONTENT: this proposal seeks to ensure the effective enforcement of the EU competition rules in particular by ensuring that victims of infringements of the EU competition rules can obtain full compensation for the harm they suffered.

    Scope: the proposed Directive would set out rules ensuring equivalent protection throughout the Union for all natural or legal persons for harm they they have suffered as a result of infringements of the EU competition rules and ensure that their right under EU law to full compensation can be effectively exercised in the national courts.

    Disclosure of evidence: provision is made to ensure that, under certain conditions, the national courts can order the defendant or a third party to disclose the evidence a claimant will need to prove his his antitrust damages claim and/or a related defence.

    National courts should have at their disposal effective measures to protect any business secrets or otherwise confidential information disclosed during the proceedings. Furthermore, disclosure should not be allowed where it would be contrary to certain rights and obligations such as the obligation of professional secrecy.

    Probative effect of national decisions: pursuant to Council Regulation No 1/2003, a Commission decision relating to proceedings under Article 101 or 102 of the Treaty has a probative effect in subsequent actions for damages. It is proposed to give final infringement decisions by national competition authorities (or by a national review court) similar effect.

    Limitation periods: the Commission proposes that the national rules on limitation periods for a damages action: (i) allow victims sufficient time (at least five years) to bring an action after they became aware of the infringement, the harm it caused and the identity of the infringer; (ii) prevent a limitation period from starting to run before the day on which a continuous or repeated infringement ceases.

    Joint and several liability: where several undertakings infringe the competition rules jointly (typically in the case of a cartel), it is appropriate that they be jointly and severally liable for the entire harm caused by the infringement. The new proposal, however, introduces certain modifications with regard to the liability regime of immunity recipients.

    Passing-on of overcharges: injured parties are entitled to compensation for actual loss (overcharge harm) and for loss of profit. To ensure that only the direct and indirect purchasers that actually suffered overcharge harm can effectively claim compensation, the proposed Directive explicitly recognises the possibility for the infringing undertaking to invoke the passing-on defence.

    However, in situations where the overcharge was passed on to natural or legal persons at the next level of the supply chain for whom it is legally impossible to claim compensation, the passing-on defence cannot be invoked.

    Quantification of harm: to assist victims of a cartel in quantifying the harm caused by the competition law infringement, the proposed Directive provides for a rebuttable presumption with regard to the existence of harm resulting from a cartel. The infringing undertaking could rebut this presumption and use the evidence at its disposal to prove that the cartel did not cause harm.

    Consensual Dispute Resolution: to provide an incentive to parties to settle their dispute consensually, the proposed Directive aims at optimising the balance between out-of-court settlements and actions for damages.

    BUDGETARY IMPLICATION: the proposed Directive would have no budgetary implications.

activities/0/docs/0/title
Old
PE521.623
New
COM(2013)0404
activities/0/docs/0/type
Old
Amendments tabled in committee
New
Legislative proposal published
activities/0/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE521.623
New
http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2013/0404/COM_COM(2013)0404_EN.pdf
activities/0/type
Old
Amendments tabled in committee
New
Legislative proposal published
activities/2
date
2013-10-03T00:00:00
docs
url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE516.968 type: Committee draft report title: PE516.968
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activities/3
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2013-10-16T00:00:00
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ESOC
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Referral to associated committees announced in Parliament
activities/3/docs/0/celexid
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activities/3/docs/0/celexid
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activities/1/committees/0/committee_full
Old
Economic and Monetary Affairs
New
Economic and Monetary Affairs (Associated committee)
activities/1/committees/3/committee_full
Old
Legal Affairs
New
Legal Affairs (Associated committee)
committees/0/committee_full
Old
Economic and Monetary Affairs
New
Economic and Monetary Affairs (Associated committee)
committees/3/committee_full
Old
Legal Affairs
New
Legal Affairs (Associated committee)
activities/7/date
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2014-03-11T00:00:00
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activities/0/docs/0/celexid
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activities/5/docs
  • url: http://www.europarl.europa.eu/ http://register.consilium.europa.eu/servlet/driver?page=Result&typ=Simple&cmsid=638&ff_COTE_DOCUMENT=&ff_TITRE=&ff_SOUS_COTE_MATIERE=&fc=REGAISEN&srm=25&md=400&ssf=DATE_DOCUMENT+DESC&single_comparator=%3D&from_date=&to_date=&lang=EN&ff_FT_TEXT=3276&dd_DATE_REUNION=03/12/2013&single_date=03/12/2013 type: Debate in Council title: 3276
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activities/0/body
Old
EP
New
EC
activities/0/commission
  • DG: url: http://ec.europa.eu/dgs/competition/ title: Competition Commissioner: ALMUNIA Joaquín
activities/0/date
Old
2013-10-03T00:00:00
New
2013-06-11T00:00:00
activities/0/docs/0
url
http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2013/0404/COM_COM(2013)0404_EN.pdf
text

PURPOSE: to facilitate the introduction of damage and interest claims by victims of antitrust violations.

PROPOSED ACT: Directive of the European Parliament and of the Council.

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

BACKGROUND: damages claims for breaches of Articles 101 or 102 of the Treaty on the Functioning of the European Union (TFEU) constitute an important area of private enforcement of EU competition law. It follows from the direct effect of the prohibitions laid down in Articles 101 and 102 of the Treaty that any individual can claim compensation for the harm suffered, where there is a causal relationship between that harm and an infringement of the EU competition rules. Injured parties must be able to seek compensation not only for the actual loss suffered but also for the gain of which they have been deprived plus interest.

The Court of Justice of the European Union has clarified that the full effectiveness of the EU competition rules and, in particular, the practical effect of the prohibitions they contain would be put at risk if it were not open to any person to claim damages for loss caused to him/her by a contract or conduct liable to restrict or distort competition. It considered that damages actions strengthen the working of the EU competition rules and can thus make a significant contribution to maintaining effective competition in the EU.

While the right to full compensation is guaranteed by the Treaty itself, the practical exercise of this right is often rendered difficult or almost impossible because of the applicable rules and procedures. Despite some recent signs of improvement in a few Member States, to date most victims of infringements of the EU competition rules in practice do not obtain compensation for the harm suffered. Besides these specific substantive obstacles to effective compensation (already identified in the Commission’s 2005 Green Paper), there is a wide diversity as regards the national legal rules governing antitrust damages actions.

To remedy this situation, the Commission put forward concrete policy proposals in its 2008 White Paper. In the ensuing public consultation, civil society and institutional stakeholders, such as the European Parliament, largely welcomed these policy measures and called for specific EU legislation on antitrust damages actions.

IMPACT ASSESSMENT: the impact assessment report focused on four options which ranged from no action at the EU level, through a soft-law approach, to two options for legally binding EU action. The preferred option is considered to be the most cost-efficient way of achieving the set objectives.

LEGAL BASIS: Articles 103 and 114 of the Treaty on the Functioning of the European Union (TFEU).

CONTENT: this proposal seeks to ensure the effective enforcement of the EU competition rules in particular by ensuring that victims of infringements of the EU competition rules can obtain full compensation for the harm they suffered.

Scope: the proposed Directive would set out rules ensuring equivalent protection throughout the Union for all natural or legal persons for harm they they have suffered as a result of infringements of the EU competition rules and ensure that their right under EU law to full compensation can be effectively exercised in the national courts.

Disclosure of evidence: provision is made to ensure that, under certain conditions, the national courts can order the defendant or a third party to disclose the evidence a claimant will need to prove his his antitrust damages claim and/or a related defence.

National courts should have at their disposal effective measures to protect any business secrets or otherwise confidential information disclosed during the proceedings. Furthermore, disclosure should not be allowed where it would be contrary to certain rights and obligations such as the obligation of professional secrecy.

Probative effect of national decisions: pursuant to Council Regulation No 1/2003, a Commission decision relating to proceedings under Article 101 or 102 of the Treaty has a probative effect in subsequent actions for damages. It is proposed to give final infringement decisions by national competition authorities (or by a national review court) similar effect.

Limitation periods: the Commission proposes that the national rules on limitation periods for a damages action: (i) allow victims sufficient time (at least five years) to bring an action after they became aware of the infringement, the harm it caused and the identity of the infringer; (ii) prevent a limitation period from starting to run before the day on which a continuous or repeated infringement ceases.

Joint and several liability: where several undertakings infringe the competition rules jointly (typically in the case of a cartel), it is appropriate that they be jointly and severally liable for the entire harm caused by the infringement. The new proposal, however, introduces certain modifications with regard to the liability regime of immunity recipients.

Passing-on of overcharges: injured parties are entitled to compensation for actual loss (overcharge harm) and for loss of profit. To ensure that only the direct and indirect purchasers that actually suffered overcharge harm can effectively claim compensation, the proposed Directive explicitly recognises the possibility for the infringing undertaking to invoke the passing-on defence.

However, in situations where the overcharge was passed on to natural or legal persons at the next level of the supply chain for whom it is legally impossible to claim compensation, the passing-on defence cannot be invoked.

Quantification of harm: to assist victims of a cartel in quantifying the harm caused by the competition law infringement, the proposed Directive provides for a rebuttable presumption with regard to the existence of harm resulting from a cartel. The infringing undertaking could rebut this presumption and use the evidence at its disposal to prove that the cartel did not cause harm.

Consensual Dispute Resolution: to provide an incentive to parties to settle their dispute consensually, the proposed Directive aims at optimising the balance between out-of-court settlements and actions for damages.

BUDGETARY IMPLICATION: the proposed Directive would have no budgetary implications.

title
COM(2013)0404
type
Legislative proposal published
celexid
CELEX:52013PC0404:EN
activities/0/docs/1/title
Old
PE516.968
New
SWD(2013)0203
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Old
Committee draft report
New
Document attached to the procedure
activities/0/docs/1/url
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activities/0/docs/2
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Document attached to the procedure
title
SWD(2013)0204
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Document attached to the procedure
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activities/0/body
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EP
New
EC
activities/0/commission
  • DG: url: http://ec.europa.eu/dgs/competition/ title: Competition Commissioner: ALMUNIA Joaquín
activities/0/date
Old
2013-10-03T00:00:00
New
2013-06-11T00:00:00
activities/0/docs/0
url
http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2013/0404/COM_COM(2013)0404_EN.pdf
text

PURPOSE: to facilitate the introduction of damage and interest claims by victims of antitrust violations.

PROPOSED ACT: Directive of the European Parliament and of the Council.

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

BACKGROUND: damages claims for breaches of Articles 101 or 102 of the Treaty on the Functioning of the European Union (TFEU) constitute an important area of private enforcement of EU competition law. It follows from the direct effect of the prohibitions laid down in Articles 101 and 102 of the Treaty that any individual can claim compensation for the harm suffered, where there is a causal relationship between that harm and an infringement of the EU competition rules. Injured parties must be able to seek compensation not only for the actual loss suffered but also for the gain of which they have been deprived plus interest.

The Court of Justice of the European Union has clarified that the full effectiveness of the EU competition rules and, in particular, the practical effect of the prohibitions they contain would be put at risk if it were not open to any person to claim damages for loss caused to him/her by a contract or conduct liable to restrict or distort competition. It considered that damages actions strengthen the working of the EU competition rules and can thus make a significant contribution to maintaining effective competition in the EU.

While the right to full compensation is guaranteed by the Treaty itself, the practical exercise of this right is often rendered difficult or almost impossible because of the applicable rules and procedures. Despite some recent signs of improvement in a few Member States, to date most victims of infringements of the EU competition rules in practice do not obtain compensation for the harm suffered. Besides these specific substantive obstacles to effective compensation (already identified in the Commission’s 2005 Green Paper), there is a wide diversity as regards the national legal rules governing antitrust damages actions.

To remedy this situation, the Commission put forward concrete policy proposals in its 2008 White Paper. In the ensuing public consultation, civil society and institutional stakeholders, such as the European Parliament, largely welcomed these policy measures and called for specific EU legislation on antitrust damages actions.

IMPACT ASSESSMENT: the impact assessment report focused on four options which ranged from no action at the EU level, through a soft-law approach, to two options for legally binding EU action. The preferred option is considered to be the most cost-efficient way of achieving the set objectives.

LEGAL BASIS: Articles 103 and 114 of the Treaty on the Functioning of the European Union (TFEU).

CONTENT: this proposal seeks to ensure the effective enforcement of the EU competition rules in particular by ensuring that victims of infringements of the EU competition rules can obtain full compensation for the harm they suffered.

Scope: the proposed Directive would set out rules ensuring equivalent protection throughout the Union for all natural or legal persons for harm they they have suffered as a result of infringements of the EU competition rules and ensure that their right under EU law to full compensation can be effectively exercised in the national courts.

Disclosure of evidence: provision is made to ensure that, under certain conditions, the national courts can order the defendant or a third party to disclose the evidence a claimant will need to prove his his antitrust damages claim and/or a related defence.

National courts should have at their disposal effective measures to protect any business secrets or otherwise confidential information disclosed during the proceedings. Furthermore, disclosure should not be allowed where it would be contrary to certain rights and obligations such as the obligation of professional secrecy.

Probative effect of national decisions: pursuant to Council Regulation No 1/2003, a Commission decision relating to proceedings under Article 101 or 102 of the Treaty has a probative effect in subsequent actions for damages. It is proposed to give final infringement decisions by national competition authorities (or by a national review court) similar effect.

Limitation periods: the Commission proposes that the national rules on limitation periods for a damages action: (i) allow victims sufficient time (at least five years) to bring an action after they became aware of the infringement, the harm it caused and the identity of the infringer; (ii) prevent a limitation period from starting to run before the day on which a continuous or repeated infringement ceases.

Joint and several liability: where several undertakings infringe the competition rules jointly (typically in the case of a cartel), it is appropriate that they be jointly and severally liable for the entire harm caused by the infringement. The new proposal, however, introduces certain modifications with regard to the liability regime of immunity recipients.

Passing-on of overcharges: injured parties are entitled to compensation for actual loss (overcharge harm) and for loss of profit. To ensure that only the direct and indirect purchasers that actually suffered overcharge harm can effectively claim compensation, the proposed Directive explicitly recognises the possibility for the infringing undertaking to invoke the passing-on defence.

However, in situations where the overcharge was passed on to natural or legal persons at the next level of the supply chain for whom it is legally impossible to claim compensation, the passing-on defence cannot be invoked.

Quantification of harm: to assist victims of a cartel in quantifying the harm caused by the competition law infringement, the proposed Directive provides for a rebuttable presumption with regard to the existence of harm resulting from a cartel. The infringing undertaking could rebut this presumption and use the evidence at its disposal to prove that the cartel did not cause harm.

Consensual Dispute Resolution: to provide an incentive to parties to settle their dispute consensually, the proposed Directive aims at optimising the balance between out-of-court settlements and actions for damages.

BUDGETARY IMPLICATION: the proposed Directive would have no budgetary implications.

title
COM(2013)0404
type
Legislative proposal published
celexid
CELEX:52013PC0404:EN
activities/0/docs/1/title
Old
PE516.968
New
SWD(2013)0203
activities/0/docs/1/type
Old
Committee draft report
New
Document attached to the procedure
activities/0/docs/1/url
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SWD:2013:0203:FIN:EN:PDF
activities/0/docs/2
url
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SWD:2013:0204:FIN:EN:PDF
type
Document attached to the procedure
title
SWD(2013)0204
activities/0/docs/3
url
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SWD:2013:0270:FIN:EN:PDF
type
Document attached to the procedure
title
SWD(2013)0270
activities/0/type
Old
Committee draft report
New
Legislative proposal
activities/1/committees/0/shadows/4
group
GUE/NGL
name
KLUTE Jürgen
committees/0/shadows/4
group
GUE/NGL
name
KLUTE Jürgen
activities/1/committees/0/shadows/4
group
GUE/NGL
name
KLUTE Jürgen
activities/2
date
2013-10-03T00:00:00
docs
type: Committee draft report title: PE516.968
body
EP
type
Committee draft report
committees/0/shadows/4
group
GUE/NGL
name
KLUTE Jürgen
activities/3
date
2014-03-11T00:00:00
body
EP
type
Indicative plenary sitting date, 1st reading/single reading
activities/1/committees/0/shadows/0
group
S&D
name
SÁNCHEZ PRESEDO Antolín
committees/0/shadows/0
group
S&D
name
SÁNCHEZ PRESEDO Antolín
activities/1/committees/0/shadows/0
group
ALDE
name
IN 'T VELD Sophia
activities/1/committees/0/shadows/1
group
Verts/ALE
name
EICKHOUT Bas
activities/2
date
2013-12-05T00:00:00
body
EP
type
Vote scheduled in committee, 1st reading/single reading
committees/0/shadows/0
group
ALDE
name
IN 'T VELD Sophia
committees/0/shadows/1
group
Verts/ALE
name
EICKHOUT Bas
activities/1/committees/1/date
2013-07-09T00:00:00
activities/1/committees/1/rapporteur
  • group: ALDE name: SCHMIDT Olle
committees/1/date
2013-07-09T00:00:00
committees/1/rapporteur
  • group: ALDE name: SCHMIDT Olle
activities/0/docs/0/text
  • PURPOSE: to facilitate the introduction of damage and interest claims by victims of antitrust violations.

    PROPOSED ACT: Directive of the European Parliament and of the Council.

    ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

    BACKGROUND: damages claims for breaches of Articles 101 or 102 of the Treaty on the Functioning of the European Union (TFEU) constitute an important area of private enforcement of EU competition law. It follows from the direct effect of the prohibitions laid down in Articles 101 and 102 of the Treaty that any individual can claim compensation for the harm suffered, where there is a causal relationship between that harm and an infringement of the EU competition rules. Injured parties must be able to seek compensation not only for the actual loss suffered but also for the gain of which they have been deprived plus interest.

    The Court of Justice of the European Union has clarified that the full effectiveness of the EU competition rules and, in particular, the practical effect of the prohibitions they contain would be put at risk if it were not open to any person to claim damages for loss caused to him/her by a contract or conduct liable to restrict or distort competition. It considered that damages actions strengthen the working of the EU competition rules and can thus make a significant contribution to maintaining effective competition in the EU.

    While the right to full compensation is guaranteed by the Treaty itself, the practical exercise of this right is often rendered difficult or almost impossible because of the applicable rules and procedures. Despite some recent signs of improvement in a few Member States, to date most victims of infringements of the EU competition rules in practice do not obtain compensation for the harm suffered. Besides these specific substantive obstacles to effective compensation (already identified in the Commission’s 2005 Green Paper), there is a wide diversity as regards the national legal rules governing antitrust damages actions.

    To remedy this situation, the Commission put forward concrete policy proposals in its 2008 White Paper. In the ensuing public consultation, civil society and institutional stakeholders, such as the European Parliament, largely welcomed these policy measures and called for specific EU legislation on antitrust damages actions.

    IMPACT ASSESSMENT: the impact assessment report focused on four options which ranged from no action at the EU level, through a soft-law approach, to two options for legally binding EU action. The preferred option is considered to be the most cost-efficient way of achieving the set objectives.

    LEGAL BASIS: Articles 103 and 114 of the Treaty on the Functioning of the European Union (TFEU).

    CONTENT: this proposal seeks to ensure the effective enforcement of the EU competition rules in particular by ensuring that victims of infringements of the EU competition rules can obtain full compensation for the harm they suffered.

    Scope: the proposed Directive would set out rules ensuring equivalent protection throughout the Union for all natural or legal persons for harm they they have suffered as a result of infringements of the EU competition rules and ensure that their right under EU law to full compensation can be effectively exercised in the national courts.

    Disclosure of evidence: provision is made to ensure that, under certain conditions, the national courts can order the defendant or a third party to disclose the evidence a claimant will need to prove his his antitrust damages claim and/or a related defence.

    National courts should have at their disposal effective measures to protect any business secrets or otherwise confidential information disclosed during the proceedings. Furthermore, disclosure should not be allowed where it would be contrary to certain rights and obligations such as the obligation of professional secrecy.

    Probative effect of national decisions: pursuant to Council Regulation No 1/2003, a Commission decision relating to proceedings under Article 101 or 102 of the Treaty has a probative effect in subsequent actions for damages. It is proposed to give final infringement decisions by national competition authorities (or by a national review court) similar effect.

    Limitation periods: the Commission proposes that the national rules on limitation periods for a damages action: (i) allow victims sufficient time (at least five years) to bring an action after they became aware of the infringement, the harm it caused and the identity of the infringer; (ii) prevent a limitation period from starting to run before the day on which a continuous or repeated infringement ceases.

    Joint and several liability: where several undertakings infringe the competition rules jointly (typically in the case of a cartel), it is appropriate that they be jointly and severally liable for the entire harm caused by the infringement. The new proposal, however, introduces certain modifications with regard to the liability regime of immunity recipients.

    Passing-on of overcharges: injured parties are entitled to compensation for actual loss (overcharge harm) and for loss of profit. To ensure that only the direct and indirect purchasers that actually suffered overcharge harm can effectively claim compensation, the proposed Directive explicitly recognises the possibility for the infringing undertaking to invoke the passing-on defence.

    However, in situations where the overcharge was passed on to natural or legal persons at the next level of the supply chain for whom it is legally impossible to claim compensation, the passing-on defence cannot be invoked.

    Quantification of harm: to assist victims of a cartel in quantifying the harm caused by the competition law infringement, the proposed Directive provides for a rebuttable presumption with regard to the existence of harm resulting from a cartel. The infringing undertaking could rebut this presumption and use the evidence at its disposal to prove that the cartel did not cause harm.

    Consensual Dispute Resolution: to provide an incentive to parties to settle their dispute consensually, the proposed Directive aims at optimising the balance between out-of-court settlements and actions for damages.

    BUDGETARY IMPLICATION: the proposed Directive would have no budgetary implications.

activities/1/committees/0/date
2013-06-18T00:00:00
activities/1/committees/0/rapporteur
  • group: EPP name: SCHWAB Andreas
committees/0/date
2013-06-18T00:00:00
committees/0/rapporteur
  • group: EPP name: SCHWAB Andreas
activities/1/committees/0/shadows
  • group: ECR name: EPPINK Derk Jan
committees/0/shadows
  • group: ECR name: EPPINK Derk Jan
activities/0/docs/3
url
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SWD:2013:0270:FIN:EN:PDF
type
Document attached to the procedure
title
SWD(2013)0270
activities/1
date
2013-07-01T00:00:00
body
EP
type
Committee referral announced in Parliament, 1st reading/single reading
committees
committees/3/rapporteur/0/group
Old
ALDE
New
S&D
committees/3/rapporteur/0/mepref
Old
4f608c6cb819f2787f000001
New
4de187d40fb8127435bdc258
committees/3/rapporteur/0/name
Old
TAYLOR Rebecca
New
RAPKAY Bernhard
procedure/dossier_of_the_committee
ECON/7/13019
procedure/stage_reached
Old
Preparatory phase in Parliament
New
Awaiting committee decision
activities/0/commission/0
DG
Commissioner
ALMUNIA Joaquín
other/0
body
EC
dg
commissioner
ALMUNIA Joaquín
activities/0/docs/0/celexid
CELEX:52013PC0404:EN
committees/3/date
2013-06-19T00:00:00
committees/3/rapporteur
  • group: ALDE name: TAYLOR Rebecca
activities
  • date: 2013-06-11T00:00:00 docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2013/0404/COM_COM(2013)0404_EN.pdf type: Legislative proposal published title: COM(2013)0404 url: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SWD:2013:0203:FIN:EN:PDF type: Document attached to the procedure title: SWD(2013)0203 url: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SWD:2013:0204:FIN:EN:PDF type: Document attached to the procedure title: SWD(2013)0204 type: Legislative proposal body: EC commission:
committees
  • body: EP responsible: True committee_full: Economic and Monetary Affairs committee: ECON
  • body: EP responsible: False committee_full: Internal Market and Consumer Protection committee: IMCO
  • body: EP responsible: False committee_full: Industry, Research and Energy committee: ITRE
  • body: EP responsible: False committee_full: Legal Affairs committee: JURI
links
National parliaments
European Commission
other
    procedure
    reference
    2013/0185(COD)
    Mandatory consultation of other institutions
    Economic and Social Committee
    instrument
    Directive
    legal_basis
    stage_reached
    Preparatory phase in Parliament
    subtype
    Legislation
    title
    Rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the EU
    type
    COD - Ordinary legislative procedure (ex-codecision procedure)
    subject