Competition Alert May 2017
Implementation of the Antitrust Damages Directive in Spain
The government has issued an urgent Royal Decree-Law 9/2017 of 26 May (RDL) implementing Directive 2014/104/UE, of the European Parliament and the Council, of 26 November 2014 (Directive) into Spanish law. A Royal Decree-law is an instrument used by the government to legislate on matters that require urgency, subject to subsequent validation by Parliament. The urgency in this case is due to the fact that the Directive should have been implemented end of 2016; and that the subject-matter of the Directive has potential to trigger the State’s liability vis-à-vis individuals for late implementation; the urgency is also justified by the fact that the European Commission had already opened an infringement procedure against Spain in January. Hence, although it is not desirable that this legislation is approved without parliamentary debate, it is not surprising that an urgent Royal Decree-law has been used.