PRINCIPLE OF EFFECTIVENESS IN ANTITRUST LAW: KEY FINDINGS FOR GERMAN COMPANIES
PRINCIPLE OF EFFECTIVENESS IN ANTITRUST LAW: KEY FINDINGS FOR GERMAN COMPANIES
The principle of effectiveness in EU law requires that the full effectiveness and practical implementation of EU regulations must be guaranteed.
For the assertion of antitrust damages claims in civil proceedings, this means that national regulations and procedures must not make it practically impossible or excessively difficult to enforce EU rights.
An interesting example: In Austria, Section 39 (2) KartG 2005 only allows access to procedural files with the consent of the parties - a provision that the ECJ has classified as incompatible with the principle of effectiveness.
WHY IS THIS IMPORTANT FOR GERMAN COMPANIES? In implementing the Cartel Damages Directive, the German ARC also offers information rights that go far beyond the previous German rules (DISCOVERY LIGHT). The civil courts have not yet found a uniform interpretation of this right. The handling of access to files in Austria could point the way forward for similar cases in Germany.
In our article, you will find out how Austrian courts currently deal with access to documents and the principle of effectiveness and what lessons German companies can learn from this. A must-read for anyone working in international competition law.
đź”— Read more from author PROF. DR. ULRICH SCHNELLE https://beck-online.beck.de/ GRUR-Prax 2024, 403
