Today's sign-off from the national governments in the EU is the final substantive step towards adoption by the EU of legislation on antitrust damages actions. The main elements include:
The legislation still needs to be adopted by the EU Parliament, which will be a formality and will then enter into force 20 days after its publication in the Official Journal of the EU. The legislation is a Directive, meaning each Member State will have two years to implement the provisions set-out in the Directive into domestic law.
Mayer Brown will be issuing commentaries on different aspects of the Directive in the coming months, addressing details of the Directive and its practical consequences for potential litigants, including the inter-play between this development and private damages actions in the United States and elsewhere.
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