Standing and Passing-on in the New EU Directive on Antitrust Damages Actions

This article critically evaluates private enforcement of the competition rules in Switzerland and compares them to recent developments at EU level, particularly regarding indirect purchaser standing and the passing-on defence. The article addresses the question of whether, and under what conditions, the new EU Directive on Antitrust Damages Actions, along with the Recommendation on Common Principles for Collective Redress, has the potential to establish an effective private enforcement system. It also identifies a number of areas where the latter could be improved in order to ensure both equal access to justice for indirect purchasers (frequently SMEs and consumers) as well as the elimination of the risk that cartel members might face excessive liability.