Directive 2014/104/EU — antitrust damages actions (competition, Articles 101 and 102 TFEU)

Current as of 26 November 201424 provisions

Ask about this law Official text on eur-lex.europa.eu

Provisions

31 in the library

Find a provision

["CHAPTER III", "EFFECT OF NATIONAL DECISIONS, LIMITATION PERIODS, JOINT AND SEVERAL LIABILITY", "Article 11"]
Joint and several liability
Joint and several liability 1. Member States shall ensure that undertakings which have infringed competition law through joint behaviour are jointly and…
["CHAPTER IV", "THE PASSING-ON OF OVERCHARGES", "Article 12"]
Passing-on of overcharges and the right to full compensation
Passing-on of overcharges and the right to full compensation 1. To ensure the full effectiveness of the right to full compensation as laid down in Article 3…
["CHAPTER III", "EFFECT OF NATIONAL DECISIONS, LIMITATION PERIODS, JOINT AND SEVERAL LIABILITY", "Article 9"]
Effect of national decisions
Effect of national decisions 1. Member States shall ensure that an infringement of competition law found by a final decision of a national competition…
["CHAPTER VI", "CONSENSUAL DISPUTE RESOLUTION", "Article 19"]
Effect of consensual settlements on subsequent actions for damages
Effect of consensual settlements on subsequent actions for damages 1. Member States shall ensure that, following a consensual settlement, the claim of the…
["CHAPTER I", "SUBJECT MATTER, SCOPE AND DEFINITIONS", "Article 1"]
Subject matter and scope
Subject matter and scope 1. This Directive sets out certain rules necessary to ensure that anyone who has suffered harm caused by an infringement of…
["CHAPTER VII", "FINAL PROVISIONS", "Article 21"]
Transposition
Transposition 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 27…
["CHAPTER VI", "CONSENSUAL DISPUTE RESOLUTION", "Article 18"]
Suspensive and other effects of consensual dispute resolution
Suspensive and other effects of consensual dispute resolution 1. Member States shall ensure that the limitation period for bringing an action for damages is…
["CHAPTER VII", "FINAL PROVISIONS", "Article 23"]
Entry into force
Entry into force This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
["CHAPTER IV", "THE PASSING-ON OF OVERCHARGES", "Article 13"]
Passing-on defence
Passing-on defence Member States shall ensure that the defendant in an action for damages can invoke as a defence against a claim for damages the fact that the…
["CHAPTER II", "DISCLOSURE OF EVIDENCE", "Article 8"]
Penalties
Penalties 1. Member States shall ensure that national courts are able effectively to impose penalties on parties, third parties and their legal representatives…
["CHAPTER III", "EFFECT OF NATIONAL DECISIONS, LIMITATION PERIODS, JOINT AND SEVERAL LIABILITY", "Article 10"]
Limitation periods
Limitation periods 1. Member States shall, in accordance with this Article, lay down rules applicable to limitation periods for bringing actions for damages…
["CHAPTER I", "SUBJECT MATTER, SCOPE AND DEFINITIONS", "Article 4"]
Principles of effectiveness and equivalence
Principles of effectiveness and equivalence In accordance with the principle of effectiveness, Member States shall ensure that all national rules and…
["CHAPTER IV", "THE PASSING-ON OF OVERCHARGES", "Article 14"]
Indirect purchasers
Indirect purchasers 1. Member States shall ensure that, where in an action for damages the existence of a claim for damages or the amount of compensation to be…
["CHAPTER IV", "THE PASSING-ON OF OVERCHARGES", "Article 16"]
Guidelines for national courts
Guidelines for national courts The Commission shall issue guidelines for national courts on how to estimate the share of the overcharge which was passed on to…
["CHAPTER VII", "FINAL PROVISIONS", "Article 24"]
Addressees
Addressees This Directive is addressed to the Member States.
["CHAPTER I", "SUBJECT MATTER, SCOPE AND DEFINITIONS", "Article 2"]
Definitions
Definitions For the purposes of this Directive, the following definitions apply: (1) ‘infringement of competition law’ means an infringement of Article 101 or…
["CHAPTER I", "SUBJECT MATTER, SCOPE AND DEFINITIONS", "Article 3"]
Right to full compensation
Right to full compensation 1. Member States shall ensure that any natural or legal person who has suffered harm caused by an infringement of competition law is…
["CHAPTER V", "QUANTIFICATION OF HARM", "Article 17"]
Quantification of harm
Quantification of harm 1. Member States shall ensure that neither the burden nor the standard of proof required for the quantification of harm renders the…
["CHAPTER IV", "THE PASSING-ON OF OVERCHARGES", "Article 15"]
Actions for damages by claimants from different levels in the supply chain
Actions for damages by claimants from different levels in the supply chain 1. To avoid that actions for damages by claimants from different levels in the…
["CHAPTER VII", "FINAL PROVISIONS", "Article 20"]
Review
Review 1. The Commission shall review this Directive and shall submit a report thereon to the European Parliament and the Council by 27 December 2020. 2. The…
["CHAPTER VII", "FINAL PROVISIONS", "Article 22"]
Temporal application
Temporal application 1. Member States shall ensure that the national measures adopted pursuant to Article 21 in order to comply with substantive provisions of…
["CHAPTER II", "DISCLOSURE OF EVIDENCE", "Article 5"]
Disclosure of evidence
Disclosure of evidence 1. Member States shall ensure that in proceedings relating to an action for damages in the Union, upon request of a claimant who has…
["CHAPTER II", "DISCLOSURE OF EVIDENCE", "Article 6"]
Disclosure of evidence included in the file of a competition authority
Disclosure of evidence included in the file of a competition authority 1. Member States shall ensure that, for the purpose of actions for damages, where…
["CHAPTER II", "DISCLOSURE OF EVIDENCE", "Article 7"]
Limits on the use of evidence obtained solely through access to the file of a competition authority
Limits on the use of evidence obtained solely through access to the file of a competition authority 1. Member States shall ensure that evidence in the…
["CHAPTER III", "EFFECT OF NATIONAL DECISIONS, LIMITATION PERIODS, JOINT AND SEVERAL LIABILITY", "Article 11"]
Joint and several liability
Joint and several liability 4. By way of derogation from paragraph 1, Member States shall ensure that an immunity recipient is jointly and severally liable as…
["CHAPTER II", "DISCLOSURE OF EVIDENCE", "Article 5"]
Disclosure of evidence
Disclosure of evidence 3. Member States shall ensure that national courts limit the disclosure of evidence to that which is proportionate. In determining…
["CHAPTER I", "SUBJECT MATTER, SCOPE AND DEFINITIONS", "Article 2"]
Definitions
Definitions (9) ‘national court’ means a court or tribunal of a Member State within the meaning of Article 267 TFEU; (10) ‘review court’ means a national court…
["CHAPTER II", "DISCLOSURE OF EVIDENCE", "Article 6"]
Disclosure of evidence included in the file of a competition authority
Disclosure of evidence included in the file of a competition authority (3), the proportionality of an order to disclose information, national courts shall, in…
["CHAPTER I", "SUBJECT MATTER, SCOPE AND DEFINITIONS", "Article 2"]
Definitions
Definitions (15) ‘leniency programme’ means a programme concerning the application of Article 101 TFEU or a corresponding provision under national law on the…
["CHAPTER II", "DISCLOSURE OF EVIDENCE", "Article 5"]
Disclosure of evidence
Disclosure of evidence 8. Without prejudice to paragraphs 4 and 7 and to Article 6, this Article shall not prevent Member States from maintaining or…
["CHAPTER I", "SUBJECT MATTER, SCOPE AND DEFINITIONS", "Article 2"]
Definitions
Definitions (20) ‘overcharge’ means the difference between the price actually paid and the price that would otherwise have prevailed in the absence of an…

Headings and opening words only; the full text is on eur-lex.europa.eu, which is authoritative. The library holds the version current as of the date shown. AI output is not legal advice — consult a licensed lawyer in the relevant jurisdiction.

Ask your first question. See the price before you do.

Start free See pricing

Free start credits · No card · No subscription · AI output is not legal advice — consult a licensed lawyer in the relevant jurisdiction.