Jun 29, 2015
CPI Europe Column edited by Anna Tzanaki (Competition Policy International) & Juan Delgado (Global Economics Group) presents:
The Pressures to Settle Cartel Claims: Reaping the Benefits in Follow-On Actions by Andrew Bartlett, Zoe Hare & Ashley Morgan (Osborne Clarke)
Intro by Anna Tzanaki (Competition Policy International)
Much ink has been spilled already over the impact of the recently enacted EU Damages Directive. Its key objective has been to reinforce private enforcement and fully compensate parties injured by competition law violations. However, as the authors explain, the Directive also actively encourages a “consensual approach” by strengthening incentives to file for leniency and/or settle with public authorities and private parties. Our latest CPI Europe Column explores the interplay between leniency and settlement procedures and follow-on private damages actions in greater detail. Enjoy reading!
Introduction
In the ongoing battle against cartels, the Damages Directive (Directive 2014/104/EU) promises to be a potent weapon for claimants bringing private damages claims once Member States have implemented it into national law.
But, as the recitals to the Damages Directive acknowledge, follow-on damage claims are only one element of an effective private enforcement regime for competition law infringements. One of the Damages Directive’s aims is to encourage infringers to settle early – both with the investigating authority and
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