The EU Directive on Antitrust Damage Actions and the Role of Bundling Claims by Assignment

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Till Schreiber, Martin Seegers, Feb 25, 2015

Private enforcement is one of the hot topics of EU competition law, in particular since the adoption of Directive 2014/104 on antitrust damages actions. The Directive codifies case law of the EU courts on the right to obtain full compensation for infringements of EU competition law and provides for a common legal framework throughout the Union. Nevertheless, due to significant practical hurdles the majority of victims—in particular of hard-core cartels—still do not actively pursue their damage claims.

One effective solution that has evolved in the European Union and that, in practice, turns complex and burdensome antitrust claims into valuable assets, is the transfer of claims to a specialized entity, also referred to as “claims vehicle.” This approach de facto results in a collective claims enforcement, while avoiding problems often associated with class or group actions.

 

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