1. Developments in Civil
Litigation in the EU
Moderator:
Deb Garza
Presenters:
Matthew Hall
Megan Jones
Email session questions to antitrustdebate@gmail.com
Post Annual Leadership Meeting
August 12-14, 2014

2. • Formal adoption expected September or
October 2014
• Applicable probably from 2016 in most countries
• A framework to build on
• Huge change for some countries
• Huge potential for growth in litigation: “only 25%
of EC antitrust decisions over 2008-2012
followed by civil actions for damages”
EU Directive on Antitrust
Damages

3. The “problems”:
• Access to evidence
• Access to regulators’ files
• Time bars
• Effect of decisions
• Impact of joint and several liability
• Resolution of contribution claims
EU Directive on Antitrust
Damages

4. More “problems”:
• Passing-on defence?
• Indirect purchasers
• Quantification
• Dispute resolution
EU Directive on Antitrust
Damages

5. Plaintiffs’ Perspective for
2014-15
• Consumer Redress Bill in the U.K. – Collective
opt-out mechanism
• What is happening on the ground?
– More litigation
– More clarity
– More interest in more venues