Germany Implements the EU Antitrust Damages Directive

On March 10, 2017, the German Parliament adopted the 9th amendment to the German Act against Restraints of Competition (“9th Amendment”). While many of the revisions are of a declaratory nature, some changes should make cartel damages actions in Germany more attractive – in particular the new disclosure regime, which is unprecedented in German law.

To transpose Directive 2014/104/EU of November 26, 2014 on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union (“EU Antitrust Damages Directive”) into national law, the German Parliament has adopted the 9th Amendment and revised the law governing cartel damages actions (the German Federal Council’s approval and the promulgation in the Federal Law Gazette are still outstanding). Entry into force is expected before the summer.