The Council and European Parliament have finally adopted a Directive on rules governing actions for damages under national law for infringements of competition rules (the "Directive"). EU Member States have two years to implement it in their national legal systems.

The Commission has long looked at the proliferation of damages claims in the United States following antitrust infringements and has been keen to encourage actions in the EU as a further deterrent to cartelists. This Directive represents the first legislation adopted at EU level specifically to encourage damages claims by those who suffer losses as a result of antitrust infringements. However, the legislation that has emerged is significantly watered down from the original proposal.