Achieving consistency between the Commission’s decisions and follow-on or parallel damages actions before national courts

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Despite the Masterfoods requirement to avoid inconsistency, national courts have still sometimes departed from the approach of the European Commission in prior decisions or parallel investigations. This article analyses the gaps in EU rules permitting inconsistencies. It examines the detail of preliminary references and stays of proceedings as key tools to reduce inconsistencies and proposes additional measures to increase consistency between the Commission and domestic courts - and between the courts of different Member States.