Exploring obstacles to effective compensation of victims of competition infringements, this book categorises the types of victims harmed and the types of losses arisen from these infringements to identify to what extent there is a need for enhanced private competition law enforcement in the European Union (EU) and the best way to address this need. It shows that there is a genuine need for facilitating consumer damages actions and that consumer claims are the only claims that can be pursued in a collective redress action. In order to compensate consumers and overcome barriers to effective enforcement of their right to damages, it structures a collective redress action for consumers by considering the following elements: i. the formation of the group, ii. the type of representative party iii. funding mechanisms and iv. calculation and distribution of damages.
Bibliography, etc. Note
Includes bibliographical references and index.
Formatted Contents Note
Table of Contents Preface Acknowledgements List of Abbreviations Table of Cases Table of Legislation CHAPTER 1 INTRODUCTION I. Background * 1. Paucity of Actions for Damages for Competition Infringements 2. The Need for Collective Redress in Competition Law Enforcement 3. Reflection on the Term Collective Redress II. Issues relating to the Design of a Collective Redress Action 1. Judicial v Non-Judicial Means of Collective Redress 2. Elements of Collective Redress Actions III. Methodology IV. Structure CHAPTER 2 THE NOTION OF AND NEED FOR COLLECTIVE REDRESS ACTIONS I. Introduction II. The Concept and Function of Collective Redress Procedures 1. A Short Summary of Evolution and Policy Rationale 2. The Purpose of the Procedure III. Setting the Scene for EU Collective Redress Actions 1. The Recognition and Exercise of the Right to Damages 2. The Need for Collective Redress Actions for Consumers 2.1. Barriers to the Effective Compensation of Consumers 2.2. Inadequacy of Existing Aggregation Mechanisms 3. The Role of Collective Redress Actions IV. Concluding Remarks CHAPTER 3 COMMISSION INITIATIVES ON COLLECTIVE REDRESS ACTIONS I. Introduction II. Two Distinct Initiatives in Competition and Consumer Law 1. Commission Efforts in Competition Law 1.1. The Green Paper 1.2. The White Paper 1.3. Withdrawn Directive in 2009 * 2. Commission Efforts in Consumer Law III. Combining the Two: A Horizontal Approach toward Collective Redress Actions 1. Overview of the Reasons leading to Horizontal Approach 2. The Proposals Under the Horizontal Approach 2.1. Public Consultation 2.2. Recommendation and Communication 3. Impact of the Horizontal Approach on Collective Redress IV. Distinctive Approach toward Collective Redress Actions 1. Potential Shortcomings of the Horizontal Approach 2. The Case for a Distinctive Competition Law Approach V. Concluding Remarks CHAPTER 4 OBJECTIVES OF COLLECTIVE REDRESS ACTIONS IN EU COMPETITION ENFORCEMENT I. Introduction II. Determining the Objectives and Their Significance III. Objectives of Actions for Damages 1. The Approach of the EU Courts 2. The Approach of the Commission IV. Compensation and Deterrence Objectives for Collective Redress Actions 1. The Unique Competition Law Enforcement Goal and its Implications for Collective Redress Actions 2. Objectives of Collective Redress Actions 2.1. The Compensatory Objective 2.2. The Deterrence Objective 3. Collective Redress Actions for Consumers: Do the Objectives Pursued Differ? V. Concluding Remarks CHAPTER 5 CONSUMER DAMAGES CLAIMS IN EU COMPETITION CASES I. Introduction II. Damages Caused by Competition Infringements 1. The Types of Competition Infringements 2. The Types of Harm Resulting from Competition Infringements 3. Potential Damages of Competition Infringements III. The Overcharge as a Measure of Damages in Consumer Cases * 1. Overcharge in Collusion Cases 1.1. Practices Giving Rise to Overcharge 1.2. Case Studies 1.2.1. Case Study 1 1.2.2. Case Study 2 2. Overcharge in Abuse of Dominance Cases 2.1. Practices Giving Rise to Overcharge 2.2. Case Studies 2.2.1. Case Study 1 2.2.2. Case Study 2 IV. The Ways in Which Consumers are Harmed 1. Direct Consumers 2. Indirect Consumers 3. Deadweight Loss Consumers 4. Umbrella Consumers V. Concluding Remarks CHAPTER 6 GROUPING COLLECTIVE CLAIMS: OPT-IN v OPT-OUT I. Introduction II. Establishing the Group Membership 1. Opt-In Actions 2. Mandatory Actions 3. Opt-Out Actions 3.1. The Functioning of Opt-Out Actions 3.2. The Role of Notice 3.3. The Compensation Objective and Opt-Out Actions 3.3.1. Participation Rates 3.3.2. Take-Up Rates 4. The Proposed Approach 4.1. Reflections 4.2. Assessing the Criticisms 4.2.1. Overview of the Criticisms 4.2.2. The Merits of the Criticisms III. Grouping the Claims 1. The Ways in Which the Group is Defined 2. Two Necessary Elements of Group Definition 3. Towards an Adequate Group Definition: What Matters? 3.1. The Type of Loss 3.2. The Type of Plaintiff 4. The Proposed Approach: Grouping Consumer Claims IV. Concluding Remarks CHAPTER 7 DESIGNING COLLECTIVE REDRESS ACTIONS: REPRESENTATIVE PARTY AND FUNDING RULES I. Introduction II. Determining the Representative Party 1. Lead Plaintiff 2. Ideological Claimant III. Funding 1. Liability for Costs 2. Possible Options for Funding 3. Contingency Fees as One of the Options 4. The Proposed Approach IV. Concluding Remarks CHAPTER 8 CALCULATION AND DISTRIBUTION OF DAMAGES IN COLLECTIVE ACTIONS FOR CONSUMERS I. Introduction II. Possible Ways of Awarding Damages to a Group 1. Aggregate versus Individual Damages Assessment 2. Aggregate Damages Assessment and the Compensation Objective III. Calculation of Damages to Consumers IV. Allocation of Damages 1. Distribution of Damages to Group Members 2. Possible Alternatives for Undistributed Damages and the Proposed Approach V. Concluding Remarks CHAPTER 9 CONCLUSIONS Bibliography index.