The Damages Directive seeks to promote private enforcement of EU competition law before national courts across the European Union.
The UK Regulations implementing the Directive were laid before Parliament on 20 December 2016 but will not come into force until after they have received formal Parliamentary approval (the “Implementation Date”). The Regulations will apply to claims brought on or after the Implementation Date, although the extent of their application differs depending on when the infringements to which the claims relate took place.
The Regulations will make significant changes to rules governing antitrust damages actions, including in relation to limitation periods, disclosure of evidence, and contribution issues. This memorandum examines these changes and considers their practical impact on damages actions before the UK courts.