Kroes, F; Negri, M; Prieto, C; Remien, O; Wagner-von Papp, F; (2017) Limitation periods (implementation of the EU Damages Directive into Member State law - Würzburg, May 5, 2017). Concurrences (3) pp. 47-58.

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Abstract

Limitation periods could imperil the enforcement of competition damage claims and in the footsteps of the Manfredi case of the ECJ artt. 10, 11 and 18 of the Damages Directive therefore give complex rules on this issue. France, Germany, Italy, the Netherlands and the United Kingdom have adapted their relevant legislations. The five years minimum limitation period is extended in Germany (five years plus rest of the year) and England (six years) and in some Member States there is discussion or case law on when in practice the period really starts to run, especially with a view to the question of publication of decisions of competition authorities. Absolute limitation periods, which are mentioned in Recital 36, is provided for in a number of Member States. Member State choices for suspension or interruption diverge. Sometimes, there are specific rules for limitation periods for claims for contribution against co-infringers. One may wonder whether some of these divergencies may lead to law and forumshopping.

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