An analysis of the Antitrust Damages Actions Directive and its transposition into Maltese law

Abstract

Anti-competitive conduct poses a huge threat to the EU internal market. Public enforcement of the competition rules has so far always played a central role in the EU, whereas private enforcement seems to have been more on the sideline, unlike in the US. Directive 2014/104/EU of 26 November 2014, better known as the Antitrust Damages Actions Directive, aims to change this situation, introducing a much-needed balance between public and private enforcement so as to ensure that undertakings are not only penalized for anti-competitive behaviour, but also that victims are awarded appropriate compensation. This Research Project examines this Directive, shedding some light on how this is going to affect the Maltese scenario. Starting off with a comparative analysis of the EU’s public and private enforcement mechanisms, the Research Project then shifts its focus onto the latter mechanism by providing a general overview of the lead-up to this Directive, particularly as to how the Court of Justice managed to deal with damages actions in the absence of concrete provisions. The following section then delves into further detail on the different elements and principles introduced by the Directive, including the right to full compensation, quantification of damages, passing-on defence and limitation periods. This analysis is then used to understand the way private enforcement currently operates in Malta mainly through Article 27A of the Competition Act, and to determine whether any amendments are required in Maltese law for the effective transposition of this Directive. This study shall provide the reader with a clearer picture as to what changes this Directive has brought about in the EU as a whole and whether its objectives have been reached.