Retroactive application of the EU Damages Directive

EU Directive 2014/104/EU (the “Damages Directive”) was due to be transposed into Member States’ national laws by 27 December 2016 and is intended to harmonise the rules governing actions for damages relating to infringements of competition law.

While a number of Member States are yet to transpose the Damages Directive despite the deadline having passed, some clear differences in approach are emerging regarding the extent of its retroactive application, most notably as regards the applicable limitation period.

The differing transitional regimes being adopted by Member States in this regard mean that, while the Damages Directive is intended to introduce greater consistency between competition damages regimes in different Member States, the process of assessing and managing litigation risk in the short term has been complicated.

Read our summary report on the Retroactive application of the EU Damages Directive.