Making Contribution Work : The Liability of Immunity Recipients under the EU Antitrust Damages Directive

The EU Directive on Antitrust Damages Actions holds multiple injurers jointly and severally liable for the harm they cause through jointly infringing the competition laws. If an injurer pays to a victim more than the injurer's fair share, the latter is entitled to obtain a contribution from any other infringer based on the injurers' relative responsibility for the harm caused by the infringement. While these rules are relatively clear at first view, their practical application can be complex. This is particularly true for cases involving immunity recipients, small or medium-sized enterprises or parties to a settlement because such injurers' liability can be restricted due to one of several privileges awarded by the Directive. Against this background, this paper illustrates on the basis of numerical examples how joint and several liabilities and especially contribution work under the framework established by the Directive. It also describes and comments on additional rules that may be employed by national legislators and courts to close the remaining gaps and achieve fair and efficient results