Antitrust Law Daily Wrap Up, ANTITRUST NEWS: EC amends antitrust procedures in light of Damages Directive, (Aug 3, 2015)

By Greg Hammond, J.D.

The European Commission (EC) adopted amendments to its antitrust procedural rules today, reflecting changes made in the new Directive on Antitrust Damages Actions. The Directive was adopted to help citizens and companies claim damages if they are victims of European Union antitrust rule infringements, such as cartels or abuses of dominant market positions. The EC also adopted amendments to four related notices, including the Notice on Access to the File; Leniency Notice; Settlements Notice; and Notice on Cooperation with National Courts.

The Directive on Antitrust Damages Action was signed into law in November 2014. It has two objectives: (1) to ensure that victims of antitrust violations can effectively claim damages; and (2) to optimize the interrelation between private actions and public EC and national competition authority enforcement. To achieve the latter objective, the Directive prohibits the use of leniency corporate statements and settlement submissions before national courts and limits the use of documents created specifically for the purpose of a competition authority’s investigation until after the investigation is closed.

To ensure that these documents are protected in investigations, the EC amended the provisions of Regulation 773/2004 and the four Notices regarding the use of information in the EC’s investigative file to comply with the Directive’s terms concerning disclosure and use of information obtained from competition authorities in antitrust damages actions. The amendments also amend the legislative text to include established practices concerning the Commission’s leniency and settlements programs.

Member States are required to implement the Damages Directive by December 27, 2016.

News: Antitrust