Partner Elo Tamm wrote an Estonian chapter about The Damages Directive in Estonia in a freshly published International Competition Law Series

2022 - 10 - 17
Article by: Elo Tamm

The full article was published in the International Competition Law Series Volume 89: After the Damages Directive 2022

The Damages Directive was transposed into the Estonian legal order in 2017, the aim of the Directive was to simplify the filing of claims to the court about the damages caused by the infringement of the competition law. The choice of the Estonian legislature to adopt minimum transposition measures has resulted in a lack of clarity in many aspects.

It takes time until damages actions initiated after the transposition of the Directive will reach final decisions. Until then, where there is unclarity, an Explanatory Memorandum of the amendments of the Competition Act transposing the Directive, can be helpful. Further, the current Chapter provides another toolkit to understand how the following topics have been resolved in Estonia in relation to competition damages actions, the right to full compensation, disclosure of evidence, the effect of the decisions of the national competition authorities, joint, and several liability, quantification of harm and passing-on issues, limitation periods and many other topics.

Tamm, E., (2022) International Competition Law Series: After the Damages Directive. Policy and Practice in the EU Member States and the United Kingdom. Wolters Kluwer