The European Union’s long awaited antitrust damages directive was adopted in April by the European Parliament. Historically, antitrust damages actions have occurred in the United States where triple damages, class actions and contingency fees encourage private enforcement, while in the E.U. the focus has been on public enforcement.
Private E.U. enforcement has largely been limited to the United Kingdom, Germany and the Netherlands. This is now changing. The directive seeks to encourage private enforcement to supplement public enforcement and to assure full compensation for victims, but without what the European Union views as the “excesses” of the U.S. system.
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