White Paper on Damages Actions: NERA Response to European Commission Public Consultation
15 July 2008
By Dr. Mark Williams et al.
On 3 April 2008, the European Commission published for public consultation a White Paper on damages actions for breach of the EC antitrust rules. The primary objective advocated in the White Paper is to ensure that full compensation is available to the victims of antitrust infringements; the Commission notes that this could also provide additional deterrence against infringements contemplated in the future. On 15 July, members of NERA's Antitrust and Competition Policy Practice submitted a response to the White Paper. The authors' comments focus on the principle of "full compensation" for "all victims;" the deterrent effect of private action; the role of collective action in the new framework; issues relating to the quantification of damages; the "passing-on" defense; the allocation of the costs of private action; practical issues in meeting the standard of proof; and the interaction with the leniency program.
