Implementation of the Damages Directive across the EU

The Damages Directive, which seeks to promote and harmonise the private enforcement of EU competition law before national courts across the European Union, was due to be transposed into national law by each Member State by 27 December 2016.

This Briefing Note considers what we know so far about the approach to implementation of the Damages Directive across certain key EU jurisdictions and the extent to which the differences between the private damages regime in the UK and the equivalent regimes in other Member States will be narrowed as a result. It also highlights the key implications for clients either bringing, or defending, competition damages actions in the EU.