Judges training on private enforcement after the Antitrust Damages Directive

by Maria Geilmann and Caroline Cauffman

On 30 November and 1 December 2017, Maastricht University and Lexxion publishers organized a high level seminar aimed at the training of national judges in the private enforcement of competition law after the implementation of the Antitrust Damages Directive (Directive 2014/104/EU of the European Parliament and of the Council of 26 November 2014 on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union Text with EEA relevance OJ L 349, 5.12.2014, p. 1–19). The training was co-financed by the European Commission as a part of the project of the Directorate-General for Competition “Training of national judges and judicial cooperation in the field of EU competition law”.

After an introduction by dr. Caroline Cauffman (Maastricht University) and prof. em. Jacques Steenbergen (Belgian Competition Authority), Johannes Holzwarth and Hans-Petter Hanson (Officials of the European Commission), gave an overview of the state of play of the transposition in the Member States. Most Member States have transposed the Directive, only three Member States still need to do so (Greece, Portugal and Bulgaria). Currently, the Commission is checking the transposition in terms of completeness, in a second stage, it will check the conformity of the transposition with the Directive. The Commission officials also presented the current state of their guidelines on the passing-on effect and they gave us a very detailed presentation on the economic aspects of passing-on.

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