On 3 April, 2008, after four years of research, internal debate and public consultation, the European Commission (EC) published its long-awaited White Paper on damages actions for breach of the EC antitrust rules. The EC is concerned that there are obstacles in most European Union (EU) member states that discourage consumers and businesses from bringing damages actions. The EC’s underlying objective is for victims to receive full compensation for the loss they have suffered. It remains committed to strong public enforcement of the EC’s antitrust rules, while expecting effective damages actions to encourage greater compliance. Following a further round of consultation ending on 15 July, 2008, the EC intends to take action to remove obstacles to damages actions through a combination of measures at EU and national level.

The UK’s Office of Fair Trading (OFT) is pursuing a similar agenda, having published recommendations to the Government last November on how to encourage more antitrust damages claims by victims of anti-competitive activity.