Actions for Damages under Competition Law (Directive)

Facilitating the enforcement of actions for damages in the case of infringements of competition law discourages potential wrongdoers, strengthens society's confidence in the legal system and increases the incentive for victims to uncover potential cartels. However, the rules on disclosure orders can lead to unjustified claims because the term "category" of evidence is too imprecise. In addition, the rule that the leniency recipient, who has been granted immunity from fines, is only liable to its victims makes actions for damages more difficult and is not necessary to maintain the incentive for leniency recipients to report cartels to the competition authority.