# Directive 2014/104/EU — antitrust damages actions (competition, Articles 101 and 102 TFEU) URL: https://consilena.com/coverage/laws/ksrc_w958xdsem48m6d60 - Jurisdiction: European Union - Type: Directive - Identifier: 32014L0104 - Current as of: 26 November 2014 - Provisions: 24 - Official text: https://eur-lex.europa.eu/eli/dir/2014/104/oj > The library is a research copy. Check the official source before relying on a provision: the text published there, not the copy in Consilena, is the law. ## Provisions - **Joint and several liability**: 1. Member States shall ensure that undertakings which have infringed competition law through joint behaviour are jointly and… - **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… - **Effect of national decisions**: 1. Member States shall ensure that an infringement of competition law found by a final decision of a national competition… - **Effect of consensual settlements on subsequent actions for damages**: 1. Member States shall ensure that, following a consensual settlement, the claim of the… - **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… - **Transposition**: 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 27… - **Suspensive and other effects of consensual dispute resolution**: 1. Member States shall ensure that the limitation period for bringing an action for damages is… - **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. - **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… - **Penalties**: 1. Member States shall ensure that national courts are able effectively to impose penalties on parties, third parties and their legal representatives… - **Limitation periods**: 1. Member States shall, in accordance with this Article, lay down rules applicable to limitation periods for bringing actions for damages… - **Principles of effectiveness and equivalence**: In accordance with the principle of effectiveness, Member States shall ensure that all national rules and… - **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… - **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… - **Addressees**: This Directive is addressed to the Member States. - **Definitions**: For the purposes of this Directive, the following definitions apply: (1) ‘infringement of competition law’ means an infringement of Article 101 or… - **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… - **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… - **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… - **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… - **Temporal application**: 1. Member States shall ensure that the national measures adopted pursuant to Article 21 in order to comply with substantive provisions of… - **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… - **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… - **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… - **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… - **Disclosure of evidence**: 3. Member States shall ensure that national courts limit the disclosure of evidence to that which is proportionate. In determining… - **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… - **Disclosure of evidence included in the file of a competition authority**: (3), the proportionality of an order to disclose information, national courts shall, in… - **Definitions**: (15) ‘leniency programme’ means a programme concerning the application of Article 101 TFEU or a corresponding provision under national law on the… - **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… - **Definitions**: (20) ‘overcharge’ means the difference between the price actually paid and the price that would otherwise have prevailed in the absence of an… --- Consilena is a software provider, not a law firm. AI output is not legal advice: consult a licensed lawyer in the relevant jurisdiction. Page: https://consilena.com/coverage/laws/ksrc_w958xdsem48m6d60. Index of every page: https://consilena.com/llms.txt.