Kroes, F; Osti, C; Thomas, PB; Prieto, C; Wagner-von Papp, F; (2017) Effect of consensual settlements on subsequent damages actions (implementation of the EU Damages Directive into Member State law - Würzburg, May 5, 2017). Concurrences (3) pp. 59-64.

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Abstract

Hand in hand with an ever-growing amount of cartel damage litigation all across Europe, settlements have become an increasingly important tool for resolving private competition law disputes. However, while the majority of disputes concern infringements committed jointly by more than one party, many settlements are concluded bilaterally between only one injured party and one of the co-infringers, leading to the difficult question of what effects the settlement would have on joint and several liabilities. In the past, these complexities have been amplified by the fact that different Member States gave different answers to this question, making it difficult to draft settlements in cases concerning multistate infringements. In this respect, Article 19 of the EU Damages Directive took a stab at harmonizing the rules across the EU. A conference held at the University of Würzburg, Germany, on May 5, 2017, took a closer look at the way the Directive has been implemented into the laws of five Member States (France, Germany, Italy, the Netherlands, and the UK), and discussed the likely impact on settlements as a dispute resolution mechanism.

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