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Competition Damages Actions in the EU

Law and Practice, Second Edition

David Ashton

In this revised and much expanded second edition David Ashton provides a comprehensive review of the EU damages directive (Directive 2014/104/EU) and its implementation, bringing the book up to date with the latest advances in EU Competition Law damages actions. This edition also features insights from practising lawyers on national developments in over 10 countries across Europe and an updated, separately authored, chapter on the quantification of loss. This book will provide practising lawyers and scholars alike with a clear, well-structured and updated guide to EU Competition Law Damages.
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Chapter 11: COLLECTIVE ACTION

Law and Practice, Second Edition

David Ashton

Extract

Collective redress is a topic which attracts considerable attention in its own right, in Europe as in other parts the world. It is of considerable political sensitivity, and perhaps one of the most potent weapons available to any legal system in terms of enforcement of rights and redistribution of wealth. This chapter traces the developments in the Commission’s work on the topic, which were originally closely bound up with the damages initiative, but which later became more dissociated from it. It looks at the arguments that can be made, as a matter of law, for collective action at EU level, examining a variety of policy fields. It contains detailed examination of developments at national level, both in the field of competition law litigation, and beyond. It draws, in addition, a comparative comparison with class actions in the US.

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