Today, the EU considers that those affected by competition law infringement in some Member States are not able to effectively exercise their right to compensation. New EU legislation seeks to address obstacles to successful damages actions and regulate some key aspects of the interaction between public and private enforcement of EU competition law, but despite good intentions, the risk of unintended consequences is large.

According to the Commission, there are many companies affected by competition law infringements which are unable to obtain adequate redress. The Commission believes this is due to a lack of appropriate national rules governing actions for damages. Moreover, case law at national and EU levels has highlighted, in the Commission’s view, the potential conflict between the EU right to compensation and effective public enforcement by the Commission and the national competition authorities (“NCAs”).