Maillo, Jerónimo --- "Antitrust damages claims in Spain: before and after the Damages Directive" [2018] ELECD 751; in Parcu, L. Pier; Monti, Giorgio; Botta, Marco (eds), "Private Enforcement of EU Competition Law" (Edward Elgar Publishing, 2018) 148

Book Title: Private Enforcement of EU Competition Law

Editor(s): Parcu, L. Pier; Monti, Giorgio; Botta, Marco

Publisher: Edward Elgar Publishing

ISBN: 9781786438805

Section: Chapter 7

Section Title: Antitrust damages claims in Spain: before and after the Damages Directive

Author(s): Maillo, Jerónimo

Number of pages: 24

Abstract/Description:

The chapter assesses the impact of the Damages Directive in Spain. Private enforcement of competition law in Spain has generally been underdeveloped in Spain, even though a number of legislative reforms were adopted in the country even before the Damages Directive to stimulate damages actions. The chapter analyses the process of transposition of the Damages Directive in Spain and the impact of the new rules on the Spanish legal framework. In particular, the chapter focuses on access to evidence and discovery rules, binding value of the decisions of the National Competition Authority (NCA), the extended limitation period to start a damage claim, the interface between private and public enforcement, and the passing-on defence. In the conclusions, the chapter assesses the impact of the new rules on the future of antitrust damages claims in Spain.