On June 11, 2013, the European Commission issued a proposed binding directive intended to facilitate private actions for damages under the competition laws. The stated goals of the proposed directive include "optimizing the interaction between the public and private enforcement of competition law" and "ensuring that victims of infringements of the EU competition rules can obtain full compensation for the harm they suffered."1 The commission also released a non-binding recommendation encouraging member states to adopt a framework of opt-in collective redress.2
The directive and recommendation have been a long time coming. Since 2005, the commission has sought to identify viable options for a private damages actions regime. Although courts in member states may enforce U.S. antitrust judgments, the EU has struggled to implement a system of its own that would allow for full compensation of private plaintiffs, yet avoid the perceived risks of abusive litigation. These commission actions, along with even more plaintiff-oriented proposals by the U.K., demonstrate the increasing liberalization of private antitrust actions in Europe.
