Table of Contents

Litigation and Arbitration in EU Competition Law

Litigation and Arbitration in EU Competition Law

Edited by Mel Marquis and Roberto Cisotta

With courts and arbitrators functioning daily as front line decision-makers applying EU competition law, this book reflects on a variety of issues related to the litigation and arbitration of cases in this field. It provides expert analysis from perspectives of substance, procedure, fundamental rights, as well as inter-institutional dialogue and coherence.

Chapter 2: Collective redress – (too) great expectations?

Sonja Keske

Subjects: law - academic, competition and antitrust law, european law, law -professional, competition and antitrust law


This chapter considers issues related to collective redress for harm suffered as a consequence of competition law infringements. The chapter examines both the European Commission’s Recommendation on Collective Redress of June 2013 and relevant national practice in Europe. The theoretical elements behind the need for collective redress are discussed, and the likely impact of the Recommendation is questioned on various grounds. It is found that collective redress as envisaged may have an impact in a subset of cases, in other words, where individual damages are large enough to motivate victims to opt in or to initiate collective actions themselves (but not so large as to limit the benefits to be gained from sharing costs and risks due to the additional costs of collective proceedings and, in the case of opting in, due to the loss of control over the litigation). In other cases, especially where damages are relatively small, it is unclear that the Recommendation, taking account of its own provisions but also in the light of other pertinent instruments such as the Damages Directive of 2014, is capable of stimulating collective actions for compensation. In order to craft the right combination of elements to stimulate adequate compensation claims, it is suggested that Member States should experiment with a range of solutions so that compared outcomes may serve as a basis for improved instruments a few years hence.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information