Collective Redress in the Field of EU Competition Law: The Need for an EU Remedy and the Impact of the Recent Commission Recommendation

Abstract:

With regard to the introduction of uniform rules governing civil antitrust liability, the Commission recognizes that it would be very unlikely that consumers and purchasers with small claims will bring individual actions for the damages they have suffered. Therefore, attention is shifted to the ways in which these interests can be better protected especially by means of collective actions.

These instruments can serve to consolidate a large number of smaller claims into one action, thereby saving time and money. The need for enabling national redress mechanisms in different areas where EU law grants rights to citizens and companies is underlined by the 2013 Recommendation. The main policy rationale focuses on ensuring a coherent horizontal approach without harmonizing - although indirectly interfering with - the Member States' systems.

The article discusses the specificities of collective redress mechanisms for antitrust violations and focuses on the implications of the 2013 Recommendation.