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White Paper on Damages Actions for Breach of the EC Competition Rules: The Road Ahead

White Paper on Damages Actions for Breach of the EC Competition Rules: The Road Ahead

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About this Event

06 Jun 2008

Joint IIEA-Competition Authority Seminar

About the Speeches:

On 2 April 2008, the European Commission released the much anticipated White Paper on damages actions for breach of the EC antitrust (competition) rules. This is the result of a public consultation on the Green Paper released in December 2005 in which the Commission identified significant obstacles in most Member States for victims of breaches of EU competition laws to seek compensation in private damages actions before national courts. The seminar provides a unique opportunity to acquire a better understanding of the White Paper proposals and their implications from an expert panel which includes a senior representative of the Commission project team, Dr Rainer Becker, DG COMP, European Commission; a senior government policy advisor from the Netherlands, Ms Fanny-Marie Brisdet; and a leading Irish competition lawyer in private practice, Dr Vincent Power, A&L Goodbody; Dr. Stanley Wong, Member of the Competition Authority will moderate dialogue among panellists with contributions from the audience. The topics to be discussed will include:

• What are the implications for damages actions for breach of national competition laws?
• Should there be collective actions for breaches of EU competition laws?
• Why is the disclosure of evidence between the parties essential in a competition law damages action?
• Should cost rules be changed for competition law damages actions?
• What are the implications for leniency programmes?
• Why should decisions of national competition authorities in European Competition Network be binding on damages action in national courts in all Member States?
• What other changes are required in national court procedural rules? In Ireland? In the Netherlands? In other Member States?
• Will the White Paper proposals encourage forum shopping to initiate damages actions?
• Are the proposals in the White Paper sufficient to promote more damages actions? In Ireland? In the Netherlands? Other Member States?
• What should a national competition authority do to facilitate damages actions?
• How will the White Paper proposals be implemented? By regulation? By directive?

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