Most victims of antitrust infringements, particularly SMEs and consumers, rarely obtain reparation for the harm suffered. The exercise of the right to compensation is governed by national rules. These often make it costly and difficult to bring actions, so that compensation is not available for victims in all Member States. The European Commission has therefore proposed a directive to remove a number of practical difficulties standing in the way of effective compensation, and guarantee a minimum protection for citizens and businesses.
Without prejudice to the assessment of the EEA relevance of the proposed Directive, the EEA EFTA States fully support the objective of facilitating claims for damages in competition cases. The EEA EFTA States however have some comments to the proposal, e.g., that the compensation awarded should be limited to the injured party´s economic loss. Furthermore, the EEA EFTA States do not support that final national infringement decisions should have the same binding effect as Commission Decisions in subsequent damage claims proceedings before national courts.
Read the full comments here.
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