Clifford Chance

The New Act on Actions for Damages for Infringements of Competition Law

26 June 2017

On 27 June 2017, the Act on Actions for Damages for Infringements of Competition Law comes into force (the "Act"). The Act implements the so-called Damages Directive.

The Act is to facilitate actions for damages for competition law torts. It therefore introduces new measures (such as the disclosure of evidence) or modifies the existing rules (e.g. by introducing the presumption of the infringer's guilt). We discuss them briefly below. The Act lays down specific rules of liability for infringements of competition law, but only those based on tort and only in respect of claims for damages (e.g. excluding cessation claims). The Civil Code ("CC") applies within the scope not regulated by the new Act.  Claims based on contractual liability or liability for unjust enrichment will continue to be subject to the CC. Unlike the Directive that concentrates on cartels, many provisions of the Act will apply to vertical agreements and abuse of a dominant position. The Act also applies to infringements of a purely domestic nature (that are outside of the Directive's scope).

 

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