LINEAMENTI DELLA DIRETTIVA 2014/104/UE: L’ATTUALE VOLTO DEL PRIVATE ANTITRUST ENFORCEMENT

All the provisions contained in the 2014/104/EU Guideline undoubtedly introduce some innovative rules which may characterize the antitrust offense in the future. Actually, they show some peculiar features that are different from the general rules of civil liability and those of the trial, thus posing some delicate matters when they are implemented. These new aspects require the interpreter to reflect on the state of evolution of the so called private enforcement in Europe . The new Guideline on the compensatory antitrust damages is the most important stage of this evolution process; though it is just a stage along the difficult path towards the achieving of coherent and organic antitrust regulations. In fact, the provisions of the 2014/104 / EU Guideline add new features to the private antitrust enforcement drawing, even though the realization of a clear portrait is still in fieri.