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The Implementation and Impact of the EU Antitrust Damages Directive in the UK

Romano Subiotto et al., Wirtschaft und Wettbeweb, 27.07.2017

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The Damages Directive, which was adopted by the European Parliament and the Council in November 2014, was designed to encourage greater, and more dispersed, private enforcement of EU competition law before national courts across the European Union (the „EU”). The Directive was a reaction to the perceived underdevelopment of private enforcement in the EU, where actions for damages have tended to be concentrated in the United Kingdom („UK”), Germany, and the Netherlands. The UK Regulation implementing the Directive came into force on 8 March 2017 (the „Implementation Date”). This article discusses the UK’s implementation of the Directive and considers the most important changes to the law, including the rules on disclosure. It concludes by examining the potential impact on England’s attractiveness as a forum for antitrust damages actions in the EU.

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