By: Christian Kersting (D’Kart)
The Competition Policy Agenda of the Federal Ministry for Economic Affairs and Climate Action (BMWK) until 2025 was presented in a ten-item paper “for sustainable competition as a cornerstone of the social-ecological market economy” dated February 21, 2022. The ninth item aims at strengthening EU competition policy and increasing transparency. One aspect envisaged is the reform of the Cartel Damages Directive 2014/104/EU:
“[…] we want to strengthen cartel prosecution through an initiative to better protect immunity recipients and reform the EU Cartel Damages Directive.”
In the following, I will consider areas in which the Cartel Damages Directive needs to be reformed. The Commission’s report that was to be submitted to the European Parliament and the Council by December 27, 2020, in accordance with Article 20 (1) of the Directive, does not provide any guidance in this regard. In its report of December 14, 2020, the Commission essentially states that it is still too early for an evaluation in view of the long implementation periods and the fact that there is not yet sufficient case law. At least from a German perspective one has to disagree. Even if there is indeed still a lack of ample case law, a certain need for reform can already be identified. The initiative mentioned by the BMWK to improve the protection of immunity recipients is just one example. Not in every case does an existing need for reform require
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