Zygimantas Juska ‘The Effectiveness of Antitrust Collective Litigation in the European Union’ (2018) International Review of Intellectual Property and Competition Law 49(1) 633

The article, which can be found here, seeks to assess whether European efforts to promote compensation for anticompetitive harm have been successful. These efforts have focused on promoting compensation, treating deterrence as a goal best promoted through public enforcement. It finds that collective enforcement has not been successful in the EU, particularly by comparison to the US, where the main objective of private enforcement is deterrence. By granting standing to both direct and indirect purchasers without also creating appropriate collective redress mechanisms, the EU system merely ensures that neither direct purchasers nor indirect purchasers can effectively exercise their right to compensation. The paper argues that Europe should adopt a deterrence-enhancing approach to private enforcement that borrows from the US. The paper is structured as follows: Section 2 provides an overview of competition enforcement models in the EU, with an emphasis on private enforcement. It begins by describing how public enforcement prevails in EU competition law, which broadly assumes that fines and…

Peter Davis  ‘Economic Analysis in Damages Actions—Insights from Recent Proceedings in the UK’ (2017) Journal of European Competition Law & Practice 8(9) 593

This paper reviews the core legal test applied by the CAT for class certification in the two opt-out collective proceedings brought in the UK until now, and then considers the key economic issues at the heart of these cases. It begins by describing the relevant legal test for certifying a class. It then moves to the main question it seeks to address: how rigorous can the Tribunal be in the context of an opt-out collective proceeding order (CPO) when there has been either no or only very limited disclosure prior to the hearing, and the goal of class certification procedures is to have shorter hearings held within months of the claim form being served. It also reviews the economics questions raised by both class certification cases: In Mobility Scooters, the infringement was a vertical restriction related to the advertising of lower prices which affected seven out of 38 models of mobility scooters available in the market. The main questions for…