Part II The Member State Reports on Transposition of the Directive, 13 The Netherlands

2018 ◽  
Author(s):  
Kortmann Jeroen ◽  
Mineur Simon
Keyword(s):  
The Netherlands ◽  
Member State ◽  
Private Enforcement ◽  
General Overview ◽  
Joint And Several Liability ◽  
Collective Redress ◽  
National Competition ◽  
Limitation Periods ◽  
Parent Companies

This chapter focuses on the transposition of the Antitrust Damages Directive in the Netherlands. It first provides a general overview of the transposition procedure, taking into account the Dutch private enforcement context. In particular, it examines how the Directive was transposed into Dutch law, beginning with the Proposal of Law and culminating in the ‘Implementation Act’ that entered into force on 10 February 2017. The chapter goes on to discuss the structural choices made by the Dutch legislature in implementing the Directive's provisions, paying special attention to the scope of the Dutch transposition of the Directive, before analysing specific issues that arose during the transposition, including those relating to the ‘no exemption’ provision for Dutch farmers, limitation periods, effects of National Competition Authorities' final infringement decisions, disclosure and protection of documents, evidentiary presumptions on damage and passing-on, joint and several liability, liability of parent companies, and collective redress.

Part II The Member State Reports on Transposition of the Directive, 9 Ireland

2018 ◽  
Author(s):  
Lucey Mary Catherine
Keyword(s):  
European Union ◽  
Member State ◽  
Dispute Resolution ◽  
Competition Law ◽  
Joint And Several Liability ◽  
National Competition ◽  
Full Compensation ◽  
Limitation Periods ◽  
Compensation Disclosure

This chapter examines the transposition of the Antitrust Damages Directive in Ireland. It first considers the transposition procedure, focusing on regulations contained in Statutory Instrument (SI) European Union (Actions for Damages for Infringements of Competition Law) Regulations 2017, before discussing the regime set out in this implementing SI. It then describes the scope of the national regime on competition law and the implementing regulations that govern full compensation, disclosure of evidence, the effect of decisions by National Competition Authorities, limitation periods, joint and several liability, the issues of ‘passing on’, the presumption and quantification of damages by cartels, and consensual dispute resolution. Finally, the chapter analyses incorrect or incomplete transposition and possible legal disputes with regard to the Directive and the implementing regulations.

Part II The Member State Reports on Transposition of the Directive, 12 Luxembourg

2018 ◽  
Author(s):  
Cauffman Caroline
Keyword(s):  
Supply Chain ◽  
Member State ◽  
Dispute Resolution ◽  
Plenary Session ◽  
Confidential Information ◽  
Probative Value ◽  
General Overview ◽  
Joint And Several Liability ◽  
National Competition ◽  
Different Levels

This chapter discusses the transposition of the Antitrust Damages Directive in Luxembourg. It first provides a general overview of the transposition procedure, focusing on the Transposition Act that was adopted by first vote in the plenary session of the Chambre des députés of 15 November 2016 and entered into force on 11 December 2016. It then considers the substantive and temporal scope of Luxembourg’s Transposition Act before concluding with an analysis of specific issues that arose during the transposition, including those relating to certain articles of the Directive that have not been specifically transposed, the protection of confidential information, principles of joint and several liability, the probative value of decisions of National Competition Authorities of other Member States, the presumption and quantification of harm by cartels, time-barring deadlines, sanctions, actions for damages by claimants from different levels in the supply chain, consensual dispute resolution, and parent company liability.

Part II The Member State Reports on Transposition of the Directive, 5 France

2018 ◽  
Author(s):  
Chagny Muriel
Keyword(s):  
Member State ◽  
Dispute Resolution ◽  
Competition Law ◽  
Private Enforcement ◽  
Resolution Time ◽  
Binding Effect ◽  
French Government ◽  
Consumer Law ◽  
Class Actions ◽  
Joint And Several Liability

This chapter examines how the Antitrust Damages Directive has been transposed in France. It begins with an overview of the transposition procedure, focusing on the French private enforcement context from the Ordinance of 1 December 1986—the ‘Magna Carta’ of French competition law—to Law no. 2008-776 of 4 August 2008 and the Consumer Law Act of 17 March 2014 (Hamon Law). It then discusses the scope of the transposition measure, noting that the French government went beyond the Directive and instituted a single regime for damages actions, before analysing specific issues that arose during the transposition, including those relating to the concept of an undertaking, the binding effect of competition authorities' decisions, the presumption of harm, the passing-on of overcharges, types of harm and assessment of damages, joint and several liability and the recovery of contributions from co-infringers, consensual dispute resolution, time-barring deadlines, access to evidence, and class actions.

Part II The Member State Reports on Transposition of the Directive, 8 Hungary

2018 ◽  
Author(s):  
Nagy Csongor István
Keyword(s):  
Member State ◽  
Civil Law ◽  
Civil Procedure ◽  
Judicial System ◽  
Parent Company ◽  
Private Enforcement ◽  
Binding Force ◽  
Collective Redress ◽  
Right Of Return ◽  
System P

This chapter examines the transposition of the Antitrust Damages Directive in Hungary. It begins with an overview of the transposition procedure, focusing on the Hungarian private enforcement landscape and the transposition process. In particular, it considers how the provisions implementing the Directive were built into the Hungarian Competition Act (HCA), creating a special regime that departs in certain aspects from the general principles of Hungarian civil law and civil procedure (e.g., access rules, calculation of damages). The chapter goes on to discuss the scope of the Hungarian implementing provisions as well as specific issues that arose during the transposition, including those relating to time-barring deadlines, binding force of decisions of other Member States, parent company liability, presumption and quantification of damages by cartels or other antitrust infringements, distribution of liability between co-infringers and right of return between co-infringers, access rules, collective redress, and organization of the judicial system.

Part II The Member State Reports on Transposition of the Directive, 11 Lithuania

2018 ◽  
Author(s):  
Malinauskaite Jurgita
Keyword(s):  
Member State ◽  
Dispute Resolution ◽  
Legal System ◽  
Competition Law ◽  
Consultation Process ◽  
Joint And Several Liability ◽  
Full Compensation ◽  
Limitation Periods ◽  
The Government

This chapter discusses the transposition of the Antitrust Damages Directive in Lithuania. It first provides background on the transposition procedure, focusing on the copying method (also known as literal transposition) adopted by the government, the consultation process for the implementation of the Directive, and assessment of the Directive’s impact on the Lithuanian legal system. It then considers the substantive and temporal scope of Lithuania’s revised competition law before concluding with an analysis of specific issues that arose during the transposition, including those relating to the claimants’ right to full compensation, access to evidence and disclosure of evidence, the effect of national decisions and limitation periods for filing civil damages claims, joint and several liability, the passing-on of overcharges, the quantification of harm, and consensual dispute resolution.

Part II The Member State Reports on Transposition of the Directive, 14 Poland

2018 ◽  
Author(s):  
Bernatt Maciej ◽  
Gac Maciej
Keyword(s):  
Member State ◽  
Group Actions ◽  
Implementation Process ◽  
Competition Law ◽  
Private Enforcement ◽  
The Novel ◽  
Future Prospects ◽  
Consumer Organizations ◽  
National Competition

This chapter analyses the transposition of the Antitrust Damages Directive in Poland. It first provides an overview of the transposition procedure, focusing on the main stages of the implementation process that culminated in the adoption of the Act on actions for damages for infringements of the competition law provisions (ACD) that came into force on 27 June 2017. The chapter goes on to describe the scope of ACD before considering the novel aspects of Polish implementation with respect to disclosure of evidence, time-barring deadlines, the standing of business and consumer organizations to bring actions, and the possibility of bringing group actions. It also examines problematic issues relating to the effect of National Competition Authorities’ final infringement decisions, passing-on of overcharges, presumption of harm, the competency of courts handling actions for antitrust damages, leniency programmes, and settlement submissions. Finally, it reflects on future prospects for private enforcement of competition law in Poland.

Part III Comparative Analysis of the Transposition Processes and Outcomes, 21 Concluding Remarks

2018 ◽  
Author(s):  
Rodger Barry ◽  
Ferro Miguel Sousa ◽  
Marcos Francisco
Keyword(s):  
Comparative Analysis ◽  
Competition Law ◽  
Private Enforcement ◽  
Practical Application ◽  
Legal Provision ◽  
Joint And Several Liability ◽  
Competition Law Enforcement ◽  
Collective Redress ◽  
Eu Competition Law ◽  
The Eu

This chapter reflects on how the book has examined the implementation of the EU's Antitrust Damages Directive across a selected number of key Member States and how its transposition has impacted on one particular aspect of the EU competition law enforcement framework: private enforcement through competition damages claims. It has discussed the national transposition processes, debates, and final measures introduced and implemented, and how best to incorporate the Directive within the pre-existing national legal provision, as well as considering some of the key problems in implementing the Directive. A number of unresolved and complicated issues have been identified, such as those relating to the practical application of the rules on the presumption of harm, passing-on and quantification of damages, how to determine liability within groups of companies, how to apportion joint and several liability between co-infringers, and consumer/collective redress in the competition law context.

Part II The Member State Reports on Transposition of the Directive, 15 Portugal

2018 ◽  
Author(s):  
Ferro Miguel Sousa
Keyword(s):  
Member State ◽  
Competition Law ◽  
Parent Company ◽  
Private Enforcement ◽  
Public Enforcement ◽  
Member States ◽  
Joint Liability ◽  
General Overview ◽  
Binding Force ◽  
Opt Out

This chapter analyzes the transposition of the Antitrust Damages Directive in Portugal. It first provides a general overview of the transposition procedure, focusing on the unified Bill that was adopted by the Plenary of the Parliament on 20 April 2018 and configured as the Transposition Act. It then describes the scope of private enforcement of competition law in Portugal before considering specific issues that arose from the transposition of the Directive, such as those relating to rights to pre-trial discovery, partial centralization of private enforcement at the specialized Court, access to evidence, time-barring deadlines, protecting failed settlement talks, the binding force of public enforcement decisions, concepts of undertaking and parent company liability, the presumed proportion of responsibility for joint liability, the quantification of damages, the Portuguese opt-out regime (actio popularis), and the effect on trade between Member States.

Part II The Member State Reports on Transposition of the Directive, 7 Greece

2018 ◽  
Author(s):  
Ioannidou Maria
Keyword(s):  
Law Enforcement ◽  
Member State ◽  
Dispute Resolution ◽  
Plenary Session ◽  
Competition Law ◽  
Legal Order ◽  
Binding Force ◽  
Joint And Several Liability ◽  
Competition Law Enforcement ◽  
Collective Redress

This chapter focuses on the transposition of the Antitrust Damages Directive in Greece. It begins with a discussion of the transposition procedure, focusing on the Greek private competition law enforcement landscape. In particular, it considers the country’s Damages Act transposing the Damages Directive in the Greek legal order, adopted by Parliament (plenary session) on 14 March 2018, and the level of private competition litigation in Greece. The factors that partly explain the delay in the transposition of the Damages Directive by the Greek legislature are also examined. The chapter goes on to describe the substantive and temporal scope of the Damages Act as well as specific issues that arose during the transposition, including those relating to limitation periods, the binding force of decisions of other Member States, joint and several liability, parent company liability, presumption and quantification of damages by cartels, access to evidence, collective redress, and consensual dispute resolution.

Part II The Member State Reports on Transposition of the Directive, 10 Italy

2018 ◽  
Author(s):  
Lopopolo Susanna
Keyword(s):  
Member State ◽  
Competition Law ◽  
Competition Authority ◽  
Antitrust Law ◽  
Public Enforcement ◽  
Review Time ◽  
Law System ◽  
Joint And Several Liability ◽  
National Competition ◽  
National Competition Authority

This chapter focuses on the transposition of the Antitrust Damages Directive in Italy. It first considers the transposition procedure, with emphasis on the Italian competition law system and more specifically public enforcement of antitrust law under the Autorità Garante per la concorrenza ed il mercato (AGCM), before discussing the issue of the ‘topographic’ location of the implementing regulation within the current legal system. It then examines the substantive and temporal scope of Italy’s transposition measure, known as Legge Delega, as well as specific issues that arose during the transposition, including those relating to disclosure of evidence, penalties, the binding force of National Competition Authority (NCA) decisions and judicial review, time limitation rules, joint and several liability, parent company liability, the passing-on of overcharges, the use of AGCM expertise in quantifying damages, consensual resolution of disputes, collective redress, and the concentration of jurisdiction.

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