Collective Redress in Europe: The New Model

Abstract

Intense debate on collective redress in Europe has led to rejection of a judicial, litigation- or court-based procedure as the primary model for delivering collective redress. In its place a three-pillared integrated model has emerged that combines elements of bilateral negotiation and settlement, the involvement of outside facilitators such as mediators and public authorities, and, a court-based procedure as a supervisory and last resort. This paper examines the policy objectives, the new model and its constituent pillars, and whether competition law might be a special case, before considering the profound implications for the future of dispute resolution generally in Europe.

Keywords: Collective Redress, Class Actions, Representative Actions, EU, Consumer, Competition