Private Enforcement of Competition Law in Germany and the Netherlands

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