Activities of Antolín SÁNCHEZ PRESEDO related to 2013/0185(COD)
Plenary speeches (1)
Infringements of competition law (debate)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council 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 PDF (572 KB) DOC (424 KB)
Amendments (25)
Amendment 101 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. Anyone who has suffered harm caused by an infringement of Union or national competition law shall be able to claim and obtain full compensation for that harm.
Amendment 102 #
Proposal for a directive
Article 2 – paragraph 2
Article 2 – paragraph 2
2. Full compensation shall place anyone who has suffered harm in the position in which that person would have been had the infringement not been committed. It shall therefore include compensation for actual loss and, for loss of profit, and payment offor interest from the time the harm occurred until the compensation in respect of that harm has actually been paisatisfied.
Amendment 107 #
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
3. Member States shall ensure that injured parties, directly or through their representatives can effectively exercise their claims for damages, promote injunctive measures and settle them through consensual dispute resolution.
Amendment 116 #
Proposal for a directive
Article 4 – paragraph 1 – point 3
Article 4 – paragraph 1 – point 3
3. ‘'action for damages’' means an action under national law by which an injured party brings a claim for damages before a national court; it may also covers actions by which someone actings on behalf of one or more injured parties bringsing a claim for damages before a national court, where national law provides for this possibility;
Amendment 117 #
Proposal for a directive
Article 4 – paragraph 1 – point 3 a (new)
Article 4 – paragraph 1 – point 3 a (new)
3a. 'Mass harm situation' means a situation where two or more natural or legal persons claim to have suffered harm causing damages resulting from the same illegal competition activity of one or more natural or legal persons;
Amendment 119 #
Proposal for a directive
Article 4 – paragraph 1 – point 3 b (new)
Article 4 – paragraph 1 – point 3 b (new)
3b. 'Minor and diffused damages situation' means a mass harm situation where the number of natural or legal persons that have suffered damages directly or indirectly is very extended and the individual amount of the damage discourages a relevant part of injured parties to promote individual claims;
Amendment 120 #
Proposal for a directive
Article 4 – paragraph 1 – point 3 c (new)
Article 4 – paragraph 1 – point 3 c (new)
3c. 'Cross border cases' means a mass harm situation case where the harmful event that caused damages resulting from the same illegal competition activity occurred in more than one Member State;
Amendment 121 #
Proposal for a directive
Article 4 – paragraph 1 – point 3 d (new)
Article 4 – paragraph 1 – point 3 d (new)
3d. 'European minor and diffused damages situation' means a situation of cross border minor and diffused damages upon which the Commission is acting under Chapter III of the Regulation 1/2003 "
Amendment 122 #
Proposal for a directive
Article 4 – paragraph 1 – point 4 a (new)
Article 4 – paragraph 1 – point 4 a (new)
4a. 'Group action' means a claim brought jointly by two or more injured parties or their representatives designed according the law in a mass harm situation;
Amendment 127 #
Proposal for a directive
Article 4 – paragraph 1 – point 13
Article 4 – paragraph 1 – point 13
13. ‘'leniency programme’' means a programme concerning the application of Article 101 of the Treaty or the corresponding provision under national law on the basis of which a participant in a secret cartel, independently of the other undertakings involved in the cartel, cooperates with an investigation of the competition authority, by voluntarily providing presentations of his knowledge of the cartel and his role therein, in return for which the participant receives immunity from any fine to be imposed for the cartel or a reduction of such fine;
Amendment 129 #
Proposal for a directive
Article 4 – paragraph 1 – point 14
Article 4 – paragraph 1 – point 14
14. ‘'leniency corporate statement’' means an oral or, written or any other presentation voluntarily provided by, or on behalf of, an undertaking to a competition authority, describing the undertaking's knowledge of a secret cartel and its role therein, which was drawn up specifically for submission to the authority with a view to obtaining immunity or a reduction of fines under a leniency programme concerning the application of Article 101 of the Treaty or the corresponding provision under national law; this does not include documents or information that exist irrespective of the proceedings of a competition authority (‘'pre-existing information’');
Amendment 134 #
Proposal for a directive
Article 4 – paragraph 1 – point 17
Article 4 – paragraph 1 – point 17
17. ‘'consensual settlement’' means an agreement whereby damages are paicompensated following a consensual dispute resolution.
Amendment 136 #
Proposal for a directive
Article 4 a (new)
Article 4 a (new)
Article 4 a Chapter Ib - Cross Border Cases
Amendment 137 #
Proposal for a directive
Article 4 b (new)
Article 4 b (new)
Article 4 b Single Forum Member States shall ensure that, where disputes concern natural or legal persons from several Member States in cross border cases, a single forum is not prevented by national rules on admissibility or standing of the foreign claimants or representatives originating from other national legal system.
Amendment 138 #
Proposal for a directive
Article 4 c (new)
Article 4 c (new)
Article 4 c Recognition of national representatives 1. Member States shall ensure that in cross border cases any representative designated in advance according the law from other Member State to have standing to bring representative actions shall be permitted to seize the court in the Member State having jurisdiction to consider the mass harm situation.
Amendment 139 #
Proposal for a directive
Article 4 d (new)
Article 4 d (new)
Article 4 d Chapter Ic - Group Actions
Amendment 140 #
Proposal for a directive
Article 4 e (new)
Article 4 e (new)
Amendment 141 #
Proposal for a directive
Article 4 f (new)
Article 4 f (new)
Amendment 142 #
Proposal for a directive
Article 4 g (new)
Article 4 g (new)
Article 4 g European Public Representative Action The Commission, at its own initiative or at the request of the Council, the European Parliament, the European Competition Network or the Member States affected, may command an European public representative, that may be designated on ad hoc basis, to bring in close cooperation with the concerned national authorities a group action before a single forum in cases of cross border mass harm and, particularly, of European minor and diffused damages situations. This should be without prejudice to and independently from its role in the public enforcement of Competition policy.
Amendment 155 #
Proposal for a directive
Article 5 – paragraph 6
Article 5 – paragraph 6
6. Member States shall ensure that, to the extent that their courts have powers to order disclosure without hearing the person from whom disclosure is sought, except in cases of justified urgency no penalty for non-compliance with such an order may be imposed until the addressee of such an order has been heard by the court.
Amendment 166 #
Proposal for a directive
Article 6 – paragraph 1 – point b a (new)
Article 6 – paragraph 1 – point b a (new)
(ba) However, where a claimant has presented reasonably available facts and evidence showing plausibly that certain data or information pertaining to any document of such categories which cannot be otherwise provided is indispensable for determining the damage and supporting its claim, national courts, where the pretension of the claimant is well founded prima facie, shall be able to: (a) access and analyse such document; (b) hear the interested parties in the possession of it; and (c) order the limited disclosure of the relevant data or parts of the document concerned which are strictly needed to provide the claimant with the level of information required for that purpose under appropriate conditions which protect the public interest and confidential information.
Amendment 194 #
Proposal for a directive
Article 10 – paragraph 5
Article 10 – paragraph 5
5. Member States shall ensure that the limitation period is suspended if a competition authority takes action for the purpose of the investigation or proceedings in respect of an infringement to which the action for damages relates. The suspension shall end at the earlielast one year after the infringement decision has become final or the proceedings are otherwise terminated.
Amendment 195 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall ensure that undertakings which have infringed competition law through joint behaviour are jointly and severally liable for the damage caused by the infringement: each of the infringing undertakings is bound to compensate for the harm in full, and the injured party may require full compensation from any of them until he has been fully compensated. Where the undertaking is a SME and has not led or induced the infringement by other undertaking of the competition law and has shown that its participation in the total damage caused is inferior to the 5%, it shall only be liable to its injured parties.
Amendment 204 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall ensure that the defendant in an action for damages can invoke as a defence against a claim for damages the fact that the claimant passed on the whole or part of the overcharge resulting from the infringement. The burden of proving that the overcharge was passed on shall rest with the defendant which shall not be required to pay twice for the same harm.
Amendment 226 #
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
The Commission shall review this Directive and report to the European Parliament and the Council by [...] at the latest [to be calculated as 52 years after the date set as the deadline for transposition of this Directive.] Where appropriate the review shall be accompanied by a legislative proposal which might inter alia consider that early voluntary compensations and agreements to compensate damages caused to injuries parties before a decision on the existence of an infringement is adopted and timely communicated to the competition authority that follows a procedure according the Regulation (CE) 1/200 may constitute a mitigating circumstance in the imposition of public sanctions under competition law.