The Impact of the Damages Directive
Edited by Pier L. Parcu, Giorgio Monti and Marco Botta
Chapter 7: Antitrust damages claims in Spain: before and after the Damages Directive
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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