Regulating Corporate Behaviour through Collective Claims in the EU and US
Chapter 6: Collective litigation and collective redress in competition claims: continental solutions – the cases of Italy and the Netherlands
The previous chapter discussed the rules and principles governing collective redress in England and Wales, in competition cases as well as more generally. It was shown how the existing system, based as it is on follow-on, opt-in litigation has so far not lived up to expectations for prompt, effective and easy to access redress of collective injuries caused by anti-competitive behaviour. It was also shown how, largely due to concerns for safeguarding the principle of personal autonomy in collective litigation, more generally applicable mechanisms of multi-party litigation, such as, inter alia, the Group Litigation Order, could not provide a suitable alternative to the remedy provided by the Competition Act 1998. In addition, the discussion of the Emerald Supplies case demonstrated that the representative action, to be lodged before the High Court under CPR Part 19(6) could not contribute to facilitating standalone competition litigation concerning a plurality of plaintiffs. Against this background, it was argued that the Consultation on Collective Redress launched by the Government Department for Business, Innovation and Skills, emerges as a turning point in the approach that should be adopted vis-à-vis the adjudication of multi-party disputes, not only in competition law but also in other areas, similarly characterized by “diffuse” torts.
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