Need Misplaced: Consumer Redress and the Directive on Actions for Damages for Competition Infringements

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Şahin E.

4.Uluslararası Hukuk Sempozyumu, Antalya, Türkiye, 3 - 05 Mayıs 2018, ss.91

  • Basıldığı Şehir: Antalya
  • Basıldığı Ülke: Türkiye
  • Sayfa Sayıları: ss.91


The paucity of damages actions for competition infringements lies at the heart of the ongoing work of enhancement of private competition law enforcement in the EU. Studies on private enforcement have showed that consumers, as one of the victims of competition infringements, have never sought redress or have sought redress in the rarest instances. Since the publication of the Green Paper in 2005, the Commission has been reflecting on various different means to facilitate damages claims in courts. The Directive that became effective in December 2014 has failed to address all the shortcomings identified by the previous studies of the Commission. This article therefore seeks to analyse three important issues that are left outside the scope of the Directive, i.e. fault requirement, litigation costs and collective redress mechanisms and suggests measures with respect to these issues in order to make compensation of consumers a reality in practice in the EU.