The Impact of the Damages Directive
Edited by Pier L. Parcu, Giorgio Monti and Marco Botta
Chapter 6: Private enforcement of antitrust law in Belgium and the Netherlands – is there a race to attract antitrust damages actions?
The Netherlands has seen a surge of antitrust damages actions in recent years. Together with the UK and Germany, it is often mentioned as a jurisdiction of choice for antitrust plaintiffs. Among the cases that have attracted particular attention are the cartel damages claims brought by special purpose vehicles, which purchase claims from the original victims and then bring them to court in a bundle. By contrast, in Belgium there have been many fewer damages actions. At first sight, this is surprising since the tort rules and rules of civil procedure in Belgium and the Netherlands show many similarities. By comparing the diverging developments in two jurisdictions that are relatively similar, this chapter seeks to identify some of the drivers of private antitrust litigation. What factors have enabled the proliferation of damages actions in the Netherlands and what is preventing a similar development from taking place in Belgium? In particular, the chapter explores whether the difference between Belgium and the Netherlands is explained only by legal factors (i.e. different rules of procedure or liability) or by additional socio-economic factors (e.g. the duration of proceedings, development of specialised lawyers). Finally, the chapter compares how Belgium and the Netherlands have implemented the Damages Directive. Due to the socio-economic factors identified in the chapter, it is unlikely that the Directive alone will ‘rebalance’ the number of antitrust damage actions between Belgium and the Netherlands.
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.