In this issue:
Whether you call it “collective redress” or “class action,” the problems of an appropriate role for a private consumer class in antitrust activity remain a constant in competition policy. The EU has issued Green papers, White papers, and now a Consultation request—all to determine if this should be an EU or national problem, and how to avoid the excesses of the U.S. approach. We’ve compiled six expert articles that collectively ask three questions: Why the continuous need to study this question? Can the myriad problems involved be sorted out and resolved to collective satisfaction? Should the EU be even concerned, or are there other more important fish to fry?
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Collective Redress, Once Again
Collective Redress, More Consultations at the European Level But are We Getting Closer to Consensus?
Perhaps a more simplistic approach would be to see compensation as the key goal and then to look at the full spectrum of potential means of consumer redress as a continuum. Ann Marie Galvin (3M Europe)
Is the European Commission’s Consultation on Collective Redress Trying to Fix an Antitrust Litigation Landscape That is Not Broken?
It is not surprising that many stakeholders have found the Commission’s approach to collective redress frustrating. Nicholas Heaton & Paul Chaplin (Hogan Lovells)
EU Proposals on Collective Redress”Lost in Consultation?
Like it or loath it”in reality class actions are here to stay, and for those jurisdictions where the system is in its infancy, the time to voice your concerns as to the form it should take, especially at the national level, is now. Andrew Jeffries (Allen & Overy)
Class Representation: Opt-in, Opt-out, or Representative Action?
Consensus should be established on what kind of damage claims collective redress should address, and whether or not there are cases where collective actions would do more harm than good. Alberto Martinazzi (Gianni, Origoni, Grippo and Partners)
Europe’s Long March Towards Antitrust Damages Actions
The rather long and bumpy road towards a minimum level of harmonization of substantive rules and procedures for class actions continues with the European Commission’s recent launch of a public consultation on collective redress. Robert O’Donoghue (Brick Court Chambers)
Collective Redress Proposals for Europe: Seeking a Solution to a Non-Existent Problem?
There is a lack of evidence of an unmet need for collective redress opportunities for breaches of EU law, and also uncertainty about whether the EU can legislate in this area at all. Luke Tolaini & Samantha Ward (Clifford Chance)
