European Commission’s White paper on damages actions for EC Anti-trust rules

Published: 15 July 2008

Policies & Issues: Legal

With the following position Orgalime contributes to the White paper on damages actions of DG Competition of the European Commission and expresses its worries about some elements of the white paper that could lead to forms of collective redress inappropriate for the legal systems in the EU.

The European Engineering Industries have always been in favour of developing and sustaining a competitive commercial environment in the EU and, in general, agree with the Commission on the recognition that the public and private enforcement of antitrust rules is fundamental for creating and sustaining such an environment. Orgalime also welcomed that the Commission ruled out some elements which European businesses always disliked from the US litigation system, e.g. the opt-out collective actions.

However Orgalime nevertheless feels that the White Paper questions the existing system of enforcing Community rights and that it still entails the risk of introducing certain US-style litigation elements in Europe. Orgalime is furthermore surprised that the Commission seems to assume that the position of claimants is very weak under national procedural rules.

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