Consumer Antitrust Private Enforcement in Europe: As Complete a Survey as Possible (Extended Version)

Abstract

This paper provides an overall survey and analysis of consumer antitrust private enforcement in the European Union, United Kingdom and Norway.

It provides overall statistics and empirical data, goes over precedents and pending cases in individual countries. it also discusses: (i) legislation and policy relating to this type of actions, (ii) whether public authorities have been contributing to compensating consumers for infringements of competition law; (iii) how the CJEU's case law has contributed to antitrust consumer redress; (iv) the importance and reality of access to evidence in this context; and (v) the economics of consumer antitrust litigation.

The main conclusions of this survey include: (a) European consumers have never yet been compensated, in any meaningful number, for any anticompetitive infringement, and EU and (most) national policy makers are not acting to alter this status quo; (b) The UK, Portugal and the Netherlands (and possibly Slovenia, Norway and, less so, Bulgaria) are the only countries which seem to be on their way to achieving that goal, thanks to opt-out and third-party funding or quota litis; and (c) Spain and, less so, Italy have shown that there are various paths for consumer redress for large damage, but still encompassing only a small percentage of injured individuals.

This online paper will be regularly updated with new developments and newly acquired information about older cases. All contributions for revisions are welcomed.

Keywords: Antitrust, Competition Law, EU Law, Private Enforcement, Class actions, Consumer protection

JEL Classification: K21, K13, K41, K42