In December 2005, the European Commission (EC) published a Green Paper on the private enforcement of competition law. It was headline news, not least because of its proposal that certain victims of antitrust infringements should be able to claim ‘double damages’ – a controversial idea echoing the US concept of treble damages.
Ever since Courage v Crehan [2001], there has been talk of a rise in private antitrust enforcement in the European Union (EU). However, only a small number of claims have gone to trial – although many more have settled. With the publication of the Green Paper, the EC aims to increase the number of private actions, viewing this type of enforcement as essential to its own efforts and to those of national competition authorities.
