The European Antitrust Review 2016

European Union: Cartels and Leniency

Late in 2014, the EU institutions adopted the much-anticipated Directive on Antitrust Damages (the Directive).1 The Directive is designed to make it simpler and faster for those allegedly affected by antitrust violations to claim compensation – for example, by introducing measures that provide claimants with easier access to evidence required to demonstrate loss and affording them more time to make their claims. The Directive is expected to be transposed into the legal systems of the member states by the end of 2016. It would therefore seem opportune to focus on two discrete issues that have arisen that may challenge the laudable intentions of the Directive: the extent to which claimants can gain access to the Commission file following the Schenker case;2 and the interest immunity applicants have in appealing Commission decisions to limit their exposure to damages claims following Lufthansa’s appeal3 of the Commission’s Airfreight decision.4

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