Private Enforcement of EU Competition Law in Germany

Abstract

This paper analyses the state of private enforcement of EU competition law in Germany after the implementation of the Competition Damages Directive 2014/104/EU. The Damages Directive provides full harmonisation, but only of select issues. In view of this fragmented legal framework, the “law in action” will be examined, thereby focusing on damages actions against cartels. The development of private enforcement of competition law up to the Directive is outlined. The paper elaborates on the appropriate yardstick to measure the practical effectiveness of a legal framework as an instrument to enforce competition law. Against this background, a general appraisal of the status quo in Germany will be given. The paper identifies the lack of collective redress as a major flaw and outlines ambiguous findings on certain institutional features (costs, expertise of the judiciary, efficiency of court proceedings). In its last part, the report focuses on certain elements that have not been (fully) harmonised through the Damages Directive: the binding effect of decision of national competiton authorities; the law of limitation; the option of plaintiffs to pool their damages claims by assignment.