Íñigo Igartua analyses the impact of the Damages Directive on competition-related damages litigation | El Confidencial

The private enforcement of competition law continues to gain ground in Spain following the transposition of the Damages Directive, with a steady increase in civil claims in recent years.

In this context, Íñigo Igartua, Partner and Head of Competition and European Union Law at Gómez-Acebo & Pombo, highlights the significant role played by the new limitation period regime introduced after the Directive’s transposition, describing the five-year limitation period as “clearly facilitative”.

Igartua also draws attention to the assessment of harm and warns of the risks associated with applying automatic criteria to its quantification: “The widespread application of a 5% rate warrants reflection, as it may lead to situations of overcompensation or undercompensation”.

Despite these challenges, experts anticipate that antitrust litigation will continue to grow in the coming years, with proceedings becoming increasingly complex and sophisticated.

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