Follow On Actions in Europe: The New Directive

13 September 2013 by Adrienn Toth

On the evening of 25 September we are hosting our annual networking event and panel discussion at the Steigenberger Grandhotel in Brussels for lawyers in both private practice and in-house at companies.

We have been running these annual events for 6 years now and it’s one of the dates in the calendar that I look forward to the most, both because of the liveliness of the debate that the sessions always generate and also because of its social nature. It’s always a great opportunity for us to catch up with old friends and to see the Brussels legal “network” in full swing!

This year, the panel discussion will focus on the European Commission’s recent proposed Directive for antitrust damages in civil actions which is very topical and in some respects controversial at the moment.  Those who have been following the developments will know that the Directive aims to remove obstacles to claimants seeking compensation for harm caused by antitrust infringements and recommends that mechanisms be introduced for collective actions in such cases.

I’m really pleased to be moderating the discussion again and to have such a fantastic panel. This year the panel comprises:

Mr. Christopher Rother, Head of Competition, Deutsche Bahn

Dr. Alex Petrasincu, Associate, Cleary Gottlieb Steen & Hamilton LLP

Dr. Hans Zenger, Senior Consultant, Charles River Associates

Daniel Kavan, Manager, Electronic Evidence Consultancy, Kroll Ontrack

During the course of the discussion we will be exploring the following topics:

What changes claimants can expect under the new proposed regime in terms of bringing a civil action for antitrust damages against a potential infringer.

  • The extent of document disclosure that is to be expected in such actions and how protection mechanisms proposed by the Directive for immunity or leniency applicants will work in practice to prevent the disclosure of self-incriminating documentation to potential claimants.
  • How the Directive and the Commission’s guidance on quantifying financial harm deals with the issues of compensation and quantification of harm in practice.
  • The mechanisms for collective action proposed under the Directive and the Commission’s recommendation on this subject.
  • How technology and technical expertise can help lawyers involved in civil antitrust actions to locate, manage and critically assess the available evidence at each stage of the case.

After the discussion there will be a networking event for those who wish to stay on.