Private Enforcement of EU Competition Law and Class Actions: Has the Force Awakened?

International Competition Law Series

While the right to seek compensation for damages caused by breaches of competition rules is firmly established in EU law, its exercise remains out of reach for many, particularly small and medium-sized enterprises (SMEs) and consumers - the very groups most in need of protection. Highlighting the persistent challenges that have hindered its effectiveness, this book explores the historical and legal context of private enforcement, analyses the scope of the EU Damages Directive, and makes a strong case for EU-level legislation on collective redress in competition law.

Sílvia Bessa Venda clearly demonstrates how the absence of robust collective mechanisms in this area hinders access to redress, due to the monetary, legal, and cultural barriers that beset isolated damages claims. In other words, the author unpacks the reasons why private enforcement of EU competition law continues to fall short. She does so by examining such key elements as the following:

• the principles of effectiveness and equivalence;

• right to compensation;

• types and models of class actions;

• legal standing;

• disclosure of evidence;

• punitive damages;

• cost allocation;

• third-party and public funding;

• quota litis or contingency fee agreements; and

• the remuneration of representative entities.

A comparative study of four jurisdictions - Portugal, the United Kingdom, Belgium, and France - offers valuable insights into diverse approaches to collective redress and the lessons they provide.

Both a diagnosis of the current shortcomings and a call to action for a more accessible and equitable system of redress, the book identifies ten key factors that influence the success or stagnation of antitrust class actions across the EU. It concludes with a six-point legislative proposal designed to harmonise collective enforcement in this area, without replicating the US model, but rather respecting core Member States’ principles. Whether you are an academic, practitioner, policymaker, or advocate, it will demystify complex procedures and funding options, empower you to act decisively in overcoming barriers to compensation in competition law cases, and advance access to justice.