Private Antitrust Enforcement: A New Era for Collective Redress?

Yearbook of Antitrust and Regulatory Studies 2015, vol. 8(12), p. 11-32

22 Pages Posted: 25 Oct 2016

See all articles by Sofia Pais

Sofia Pais

Catholic University of Portugal (UCP) - Centro de Estudos e Investigação em Direito (CEID)

Date Written: December 31, 2015

Abstract

It will be argued in this article that the EU Recommendation on common principles for collective redress might have limited impact on the field of competition law due to: several uncertainties regarding the legal standing in class actions; difficulties in their funding; and the risk of forum shopping with cross-border actions. Nevertheless, Belgium and Great Britain have recently introduced class actions into their national legal systems and addressed some of the difficulties which other Member States were experiencing already. It will also be suggested that the Portuguese model – the ‘Popular Action’ – and recent Portuguese practice may be considered an interesting example to follow in order to overcome some of the identified obstacles to private antitrust enforcement.

Keywords: Recommendation 2013/396/EU, collective redress mechanisms, legal standing, funding, forum shopping, popular action

JEL Classification: K23, K42

Suggested Citation

Pais, Sofia, Private Antitrust Enforcement: A New Era for Collective Redress? (December 31, 2015). Yearbook of Antitrust and Regulatory Studies 2015, vol. 8(12), p. 11-32, Available at SSRN: https://ssrn.com/abstract=2858821 or http://dx.doi.org/10.2139/ssrn.2858821

Sofia Pais (Contact Author)

Catholic University of Portugal (UCP) - Centro de Estudos e Investigação em Direito (CEID) ( email )

Portugal

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