Private Enforcement of EU Competition Law
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Private Enforcement of EU Competition Law

The Impact of the Damages Directive

Edited by Pier L. Parcu, Giorgio Monti and Marco Botta

During the past decade, private enforcement of competition law has slowly taken off in Europe. However, major differences still exist among Member States. By harmonizing a number of procedural rules, the Damages Directive aimed to establish a level playing field among EU Member States. This timely book represents the first assessment of the implementation of the Damages Directive. Offering a comparative perspective, key chapters provide an up-to-date account of the emerging trends in private enforcement of competition law in Europe.
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Chapter 5: Private antitrust enforcement in England and Wales after the EU Damages Directive: where are we heading?

Sebastian Peyer

Abstract

The framework for private antitrust actions in England and Wales has undergone a number of changes in recent years. The Consumer Rights Act 2015 introduced measures to facilitate access to justice for victims of anticompetitive conduct. It created a fast-track procedure in the Competition Appeal Tribunal and granted the Tribunal the powers to permit opt-out representative actions. More changes were brought with the implementation of the EU Damages Directive in March 2017. In this chapter, I will take stock of those recent developments and offer an insight into the functioning of private enforcement of competition law in England and Wales. I will document key developments and issues regarding access to documents (disclosure), joint and several liability of co-infringers, and claim aggregation (opt-out representative actions). The recent legislative measures seem to pull private enforcement of competition law in different directions, facilitating both small claims and large compensation actions. The Consumer Rights Act implemented a number of measures to encourage private litigation but the impact of the changes following the Damages Directive are not clear yet.

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