Private Enforcement of EU Competition Law
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Private Enforcement of EU Competition Law

The Impact of the Damages Directive

Edited by Pier L. Parcu, Giorgio Monti and Marco Botta

During the past decade, private enforcement of competition law has slowly taken off in Europe. However, major differences still exist among Member States. By harmonizing a number of procedural rules, the Damages Directive aimed to establish a level playing field among EU Member States. This timely book represents the first assessment of the implementation of the Damages Directive. Offering a comparative perspective, key chapters provide an up-to-date account of the emerging trends in private enforcement of competition law in Europe.
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Chapter 7: Antitrust damages claims in Spain: before and after the Damages Directive

Jerónimo Maillo

Abstract

The chapter assesses the impact of the Damages Directive in Spain. Private enforcement of competition law in Spain has generally been underdeveloped in Spain, even though a number of legislative reforms were adopted in the country even before the Damages Directive to stimulate damages actions. The chapter analyses the process of transposition of the Damages Directive in Spain and the impact of the new rules on the Spanish legal framework. In particular, the chapter focuses on access to evidence and discovery rules, binding value of the decisions of the National Competition Authority (NCA), the extended limitation period to start a damage claim, the interface between private and public enforcement, and the passing-on defence. In the conclusions, the chapter assesses the impact of the new rules on the future of antitrust damages claims in Spain.

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