Collective Redress and EU Competition Law


Şahin E.

Routledge, London/New York , London, 2019

  • Publication Type: Book / Research Book
  • Publication Date: 2019
  • Publisher: Routledge, London/New York 
  • City: London
  • Erzincan Binali Yildirim University Affiliated: Yes

Abstract

The introduction of a collective redress action was discussed as part of a reform process concerning enhancement of private competition law enforcement in the EU. The lack of a collective redress action was regarded as one of the obstacles that hampered the exercise of the right to damages and resulting in victims of competition infringements to rarely seek compensation. This procedural tool allows the bundling of the claims of similarly situated numerous persons to be dealt with in a single lawsuit, by design diverging from the traditional individualistic litigation and relying upon representation. The main question of this book concerns how to design a collective redress action for consumer damages claims arising from EU competition infringements. The issue has not to date been approached in a systematic and structured fashion that analyses the suitability of the damages claims of victims to resolution in a collective redress action and the design of each element of this action in this respect. To this end, this book demonstrates that both the purpose and working principle of a collective redress action are well suited to address consumer claims for which there is a need for such an action and if designed appropriately, a collective action provides a realistic opportunity for consumers to exercise their right to damages and obtain redress. On this basis, it seeks to formulate a collective action with respect to i. the membership mechanism, ii. the type of representative iii. funding mechanisms and iv. calculation and distribution of damages, and therefore aims to contribute to the body of knowledge and debate around collective redress, which have been, and are likely to continue to be, one of the most controversial issues in private competition law enforcement.