The European Court of Justice recently confirmed that if the EU Damages Directive does not apply, it is up to national rules to enable claimants to effectively claim EU antitrust damages.

In this case, the Court considered that the Portuguese limitation rules (a short limitation period that may start before the victim knows who is liable and that cannot be suspended during the authority’s investigation) made it practically impossible or excessively difficult to obtain compensation, and should therefore be set aside. The Court of Justice clarified these issues when answering preliminary … Read more