Implementation of Damages Directive

The European Commission confirmed on 8 March 2018 that it has closed infringement procedures against 18 member states for their failure to implement Directive 2014/104 on actions for damages under national law for infringements of competition law (the Directive) (OJ 2014 L349/1).

The Directive states that it is designed to ensure that “anyone who has suffered harm caused by an infringement of competition law…can effectively exercise the right to claim full compensation”.  The broad aim of the Directive is to address the impediments to the effective enforcement of competition law in the majority of Member States and to establish minimum standards and approaches in the procedural rules.

Member states were required to implement the Directive by 27 December 2016.

A number of states failed to fully implement the Directive.   In 2017, the Commission opened infringement procedures against seven member states

Following the opening of infringement proceedings, 18 member states transposed the Directive in 2017.

Bulgaria notified its transposition in early 2018.

The Commission invited Greece and Portugal to take the “necessary steps” to ensure full implementation.

It should be recognised that the Directive does not establish minimum standards regarding collective actions across the Member States. However, the Commission has issued a recommendation to the Member States to encourage the facilitation of collective redress.  Some Member States – notably the UK and France - have introduced measures to foster such actions.  In the coming years this is likely to be one of the areas of greatest disparity in the rules at Member State level and which will therefore require careful consideration as to the appropriate forum for bringing a private action.

MEMO/18/1444