The proposed measures are extensive and contain proposals on procedural aspects of litigation such as mandating a minimum level of disclosure, limits on the level of court fees, a framework for the quantification of damages, as well as a proposal for “two complementary mechanisms of collective redress”. The Commission is keen to cultivate a European competition culture but it wishes to avoid the excessive aspects of US litigation that it views as “unproductive and punitive”. The Commission is suggesting a “full compensation” model, under which infringers have to compensate all victims for their actual losses. It therefore seeks to preserve the effectiveness of enforcement by competition authorities, while ensuring antitrust litigation is a forceful match to public enforcement.
The WP serves as a reminder to the insurance community that competition law compliance is being taken seriously. This WP highlights the potential exposure the EU insurance industry may have under the EU’s competition law regime. While responses to this WP have not been gathered or details finalised, the introduction of some form of a collective redress system seems inevitable.
Feedback to the WP must be submitted by 15 July 2008, after which it is likely that the final recommendations will be submitted for legislative approval.
Feedback can be sent to the Commission, using this email address.
