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Private Enforcement of EU Competition Law and Class Actions: Has the Force Awakened?

Private Enforcement of EU Competition Law and Class Actions: Has the Force Awakened?

Author: Silvia Venda
Publisher: Kluwer Law International
ISBN: 9789403521398
Published In: November 2025
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 1,236.91

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Description
Contents

Details

Private Enforcement of EU Competition Law and Class Actions is a book exploring the historical and legal context of private enforcement, analysing the scope of the EU Damages Directive, and making a strong case for EU-level legislation on collective redress in competition law by highlighting the persistent challenges that have hindered its effectiveness. While the right to seek compensation for damages caused by breaches of competition rules is firmly established in EU law, its exercise remains out of reach for many, particularly small and medium-sized enterprises (SMEs) and consumers – the very groups most in need of protection.

What’s in this book:

Sílvia Bessa Venda clearly demonstrates how the absence of robust collective mechanisms in this area hinders access to redress, due to the monetary, legal, and cultural barriers that beset isolated damages claims. In other words, the author unpacks the reasons why private enforcement of EU competition law continues to fall short. She does so by examining such key elements as the following:

the principles of effectiveness and equivalence
right to compensation
types and models of class actions
legal standing
disclosure of evidence
punitive damages
cost allocation
third-party and public funding
quota litis or contingency fee agreements, and
the remuneration of representative entities

A comparative study of four jurisdictions – Portugal, the United Kingdom, Belgium, and France – offers valuable insights into diverse approaches to collective redress and the lessons they provide.

How this will help you:

Both a diagnosis of the current shortcomings and a call to action for a more accessible and equitable system of redress, the book identifies ten key factors that influence the success or stagnation of antitrust class actions across the EU. It concludes with a six-point legislative proposal designed to harmonise collective enforcement in this area, without replicating the US model, but rather respecting core Member States’ principles. Whether you are an academic, practitioner, policymaker, or advocate, it will demystify complex procedures and funding options, empower you to act decisively in overcoming barriers to compensation in competition law cases, and advance access to justice.

Note to Readers

List of Abbreviations

Foreword

Preface

Introductory Notes on Citations

Acknowledgements

Chapter 1. Contextualisation

Chapter 2 Part I: After the EU Damages Directive

Chapter 3 Part II: Class Actions

Chapter 4. Back to Basics and Global Positioning

Chapter 5. Proposal Design: What Is New?

Chapter 6. Conclusion: Why and How a Competition Law Class Action Mechanism Should Be Established at EU Level