The Council of Ministers has approved Royal Decree Law, which transposes into Spanish law the EU Directive on damages claims for antitrust offences (the "Royal Decree Law").  

  • The Royal Decree Law aims to make it easier to bring claims for damages caused by restrictive practices.
  • The new legislation extends the statutory limitation period applicable to actions of this kind to five years. It also provides a number of mechanisms that courts may use to obtain disclosure of evidence from respondents, claimants, the competition authorities (subject to certain limitations) or other third parties.
  • The Royal Decree Law also establishes a refutable presumption that overpricing has taken place in cartel cases and contains provisions on the evidentiary value given to the competition authorities' case law and the liability regime in the event of multiple offenders.
  • Other relevant issues include the ability of indirect purchasers to bring actions, the so-called passing-on defence and the effects of out-of-court settlement arrangements in cases of this kind.