New rules adopted on claiming damages from
cartels
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Today MEPs voted through new rules on the
ability of consumers and businesses to claim damages when harmed by an
infringement of competition law. Key issues relate to disclosure of evidence and
the binding effect of national decisions in other member states.
The
final agreement allows an exemption from disclosure of the leniency statement,
that is, the document in which there is an admission of involvement in a cartel.
However, the Parliament did negotiate some safeguard provisions. It was also
agreed that a decision of a national competition authority would be binding over
the courts in that member state, but not binding over the courts of other EU
member states. Chair of the European Parliament's
Economic and Monetary Affairs committee Sharon Bowles
(LibDem, UK) said:
"The Parliament was initially concerned about a generic principle of
protecting leniency statements from disclosure, but accepted that
opening these up would be detrimental to the work of the Commission in cartel
detection.
"This was a landmark agreement as the first
co-decision procedure on competition policy, for which Commissioner Almunia
should be given credit for responding to the Parliament's request. Under a very
fast timeframe, we have finalised one of the most important pieces of consumer
legislation in this mandate.
"This should end the practice
whereby cases are brought under certain jurisdictions because offending parties
know they will get softer treatment."
ALDE shadow rapporteur Olle Schmidt
(Folkpartiet, Sweden) said: " Anti-competitive practices cause
substantial harm to the EU's economy and affect the trust of consumers. High
costs and procedural and legal obstacles discourage both private individuals and
SMEs from exercising their rights. The new rules provide real and higher levels
of redress for consumers and businesses that have been harmed by cartels and
make it easier to claim damages, especially for those further down in the supply
chain."
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