¿Es Verdaderamente Necesaria Una Iniciativa Comunitaria Destinada a Incentivar Las Acciones de Daños por Cártel? Una Mirada a la Experiencia Española (Do We Need a European Commission Initiative to Foster Cartel Damages' Private Claims? A Look at the Spanish Experience)

The new EU initiative on collective redress reflects an evolution European Commission's position on private antitrust enforcement. The current approach of the Commission has more modest goals than those set by the White Paper (2008) and the Draft proposal of Directive Directive on rules governing damages actions for infringements of Articles 81 and 82 of the Treaty (2009). It is respectful of the diversity and heterogeneity present in the regulation and specific development of these claims in different EU Member States. Although the European Commission has not explicitly said so, it seems the Commission have come to understand how this variety responds to different cultures and traditions and, in particular, to different degrees of evolution and maturity of the competition policy in the Member States.The institutional environment and socio-cultural context in which private actions for damages are to germinate is essential for their development and effectiveness. Lack of competition culture influences the development and evolution of antitrust enforcement in many EU Member States. There is not reason, in any case, to lose hope: it is only a matter of time for private legal claims of antitrust damages to flourish. Patience