Development of Private Enforcement of EU Competition Law

This course covers the development of the private enforcement of EU competition law.

The aim is to:

• explain the main legal issues related to private enforcement of EU competition law;
• offer a synthesis of the most important case law related to private enforcement of EU competition law;
• provide a practical analysis of the litigation related to action for damages for anticompetitive practices.

Accordingly, the course will focus on:

• the main inputs linked to the recent trends in the case law of the CJUE;
• the Commission’s report on the implementation of the Damages Directive;
• the adjustments of national rules to comply with the objectives of the antitrust Damages Directive, namely Directive 2014/104/EU (the ‘Directive’);
• the impact of the transposition of the Damages Directive on the development of private enforcement in Europe;
• the list of obstacles to damages actions brought before national courts by victims of anticompetitive behaviour;
• the practical solution to remove obstacles to damages actions and to ensure the effectiveness of private enforcement in Europe.

What will you learn

Participants will learn the most important topics inherent to private enforcement:

• the importance of the principle of full compensation for damages in the light of the most recent jurisprudence in Europe;
• the clarification on access to evidence for the parties in antitrust litigation;
• the analysis of the evidentiary value of decisions rendered in follow-on actions and their impact on stand-alone actions;
• the upward and downward liability in private enforcement;
• the setting-up of limitation period rules to ensure that victims have sufficient time to bring an action;
• the legal consequences of ‘passing on’ overcharges to prove the damage suffered;
• the tools for a better quantification of damages.

Course methodology/highlights

The sessions will be delivered by experts presenting key topics. These will all be followed periods of Q & A allowing for the exchange of ideas, and discussions where participants will have the opportunity to share professional experiences.

Participants will have the opportunity to test their knowledge on private enforcement of EU competition law through workshops and interactive presentations.

The course will help you to:

• be conscious of all the legal issues linked to the full compensation for the harm suffered due to an infringement of competition law;
• limit practical obstacles to compensation for all victims of infringements of EU antitrust law;
• improve your practical methodology for a better determination and quantification of damages;
• learn more about the actual implementation of the damages’ directive by the national courts;
• be familiar with the most important case law of the CJUE.

EU and national civil servants; lawyers and in-house counsel dealing with competition law cases.

Location
This course will take place as a hybrid event, which gives participants the possibility to participate either face-to-face or online via a live stream. In the registration form section Additional information |Order notes please add whether you will participate in-person or online.

Face to Face venue
European Centre for Judges and Lawyers – EIPA Luxembourg
8 rue Nicolas Adames
1114 Luxembourg

Programme Organiser
Ms Juliette Mollicone-Boussuge
Tel: +352 426 230 304
j.boussuge@eipa.eu

Discounts
EIPA member fee 
EIPA offers a discount to all civil servants working for one of EIPA’s supporting countries, and civil servants working for an EU institution, body or agency

Who are the supporting countries?
Civil servants coming from the following EIPA supporting countries are entitled to get the reduced fee: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Lithuania, Luxembourg, Malta, the Netherlands, Norway, Poland, Portugal, Spain, Sweden.

For all other participants, the regular fee applies

Early bird discount 
The early bird discount is not cumulative with other discounts or promo codes, except for the EIPA member fee.

Confirmation
Confirmation of registration will be forwarded to participants on receipt of the completed online registration form.

Payment
Prior payment is a condition for participation.

Cancellation policy
For administrative reasons you will be charged €150 for cancellations received within 15 days before the activity begins. There is no charge for qualified substitute participants. EIPA reserves the right to cancel the activity up to 2 weeks before the starting date. In that case, registration fees received will be fully reimbursed. EIPA accepts no responsibility for any costs incurred (travel, accommodation, etc.).