Private enforcement of competition law in Germany and the Netherlands

54 Pages Posted: 6 Apr 2022

See all articles by Patrick Hauser

Patrick Hauser

Heinrich Heine University Dusseldorf - Faculty of Law

Jannik Otto

Heinrich Heine University Dusseldorf - Faculty of Law

Simon Vande Walle

University of Tokyo - Graduate Schools for Law and Politics

Date Written: March 25, 2022

Abstract

Private enforcement of competition law in Germany and the Netherlands is booming. A surge in cartel damages actions has led to a flurry of judicial activity, while claim vehicles and claim funders continue to bring and fund new cases. At the same time, both jurisdictions also face significant challenges. These include the length and high cost of antitrust litigation, and the courts’ struggle with the quantification of damages.

This contribution takes stock of the developments in each of these jurisdictions and provides an analysis of key issues such as access to evidence, costs, collective redress, assignments, quantification of damages, passing-on, etc.

Keywords: competition law, antitrust law, private enforcement, litigation

JEL Classification: K21, K41, K42

Suggested Citation

Hauser, Patrick and Otto, Jannik and Vande Walle, Simon, Private enforcement of competition law in Germany and the Netherlands (March 25, 2022). Available at SSRN: https://ssrn.com/abstract=4066102 or http://dx.doi.org/10.2139/ssrn.4066102

Patrick Hauser

Heinrich Heine University Dusseldorf - Faculty of Law ( email )

Universitätsstr. 1
Düsseldorf, D-40225
Germany

Jannik Otto

Heinrich Heine University Dusseldorf - Faculty of Law ( email )

Universitätsstr. 1
Düsseldorf, D-40225
Germany

Simon Vande Walle (Contact Author)

University of Tokyo - Graduate Schools for Law and Politics ( email )

7-3-1 Hongo Bunkyo-Ku
Tokyo, 113-0033
Japan

HOME PAGE: http://www.simonvandewalle.eu

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