The effect of decisions adopted by competition authorities in the framework of Directive 2014/104/UE

The presentation focuses on the novelty introduced by Article 9 of Directive 2014/104/UE, that is the binding effect recognised to final infringement decisions adopted by National Competition Authorities or by review courts. In particular, it analyses how the old system, based on the binding effect of decisions adopted by the European Commission on national courts ruling on subsequent civil actions for antitrust damages (the so-called “follow-on” actions), has been expanded by granting the same binding effect to decisions adopted by NCAs and review courts of the same Member State in which the action for damages is brought. However, the same binding effect is not recognised to decisions adopted by NCAs and review courts of other Member States, which only have the value of “prima facie” evidence. Among the drawbacks of such a two-track system, it is considered that the latter seems to be incompatible with certain constitutional principles of some Member States and with the European principle of mutual recognition.