La transposición de la Directiva europea para la reclamación de daños por infracciones de la competencia en Españamucho ruido, pocas nueces y una oportunidad perdida

Abstract

Antitrust damages claims must still be addressed by EU members legislators. In the US, damages claims are the main deterrence tool of Competition policy. By contrast, in the EU, the (possible) lack of political will to boost this kind of claims, in order to (also possibly) preserve public action, is notorious. Even so, the ECJ has gradually built a broad and generous case law to bring damages actions based on EU infringements. Its findings should eventually be reflected in a European legal text aimed at harmonizing legislations within the EU. The first proposals under former Competition commissioner, Neelie Kroes, showed determination to strengthen this antitrust instrument. However, the text finally passed by the European Parliament as of end 2014 seems to be an attempt to protect public enforcement (particularly, leniency programmes) more than anything else. In any case, the new Directive has some elements that, conveniently developed, could improve antitrust damages claims in our country. Mainly, the binding effect of national competition authorities’ decisions, duties and sanctions on pre-trial evidence disclosure and the broadening of limitation periods. All out, we stand for a determined and courageous transposition that configures a harmonic system of Competition Law in our country where public and private application complements each other, fulfilling their respective deficits.