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Compensation and the Damages Directive

Author

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  • Sebastian Peyer

    (Centre for Competition Policy and UEA Law School, University of East Anglia)

Abstract

The EU Damages Directive came into force in December 2014. One of its objectives is to ensure the effective private enforcement of competition law by facilitating damages claims in the courts of the EU Member States. This paper looks closely at the Directive’s compensation goal and the key arrangements that are to encourage victims to seek redress in the courts. The paper uses a simple framework to demonstrate that the Damages Directive is unlikely to foster compensation because it fails to create incentives for harmed individuals to commence legal action. If more compensation claims are desired, the Member States should devise a framework for private antitrust actions that goes beyond the Directive’s remit by, for example, allowing class actions.

Suggested Citation

  • Sebastian Peyer, 2015. "Compensation and the Damages Directive," Working Paper series, University of East Anglia, Centre for Competition Policy (CCP) 2015-10, Centre for Competition Policy, University of East Anglia, Norwich, UK..
    • Handle: RePEc:uea:ueaccp:2015_10
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    More about this item

    Keywords

    Private antitrust enforcement; competition law; damages action; Damages Directive; Directive 2014/104; EU competition law;
    All these keywords.

    JEL classification:

    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process
    • K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law

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