Abstract
In December 2005 the European Commission published a Green Paper on Damages Actions for Breach of the EC Antitrust Rules. The Green Paper examines the conditions for bringing damages actions for breach of the EC antitrust rules and identifies obstacles to the current framework. Some of the options presented in the Green Paper that aim at facilitating private enforcement of EC competition law would require a certain level of harmonization of the national procedural rules governing EC antitrust damages actions. The objective of this working paper is to examine the competence of the EU to adopt such harmonizing measures. The paper will analyse, whether the Member States have a procedural autonomy when it comes to determining the procedural conditions governing rights conferred by Community law and the possible limitations to that autonomy. Moreover, it will examine possible legal bases for a harmonization, namely Articles 65, 83, 95 and 308 EC.
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