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FEB-15(2)

By  |  December 23, 2015

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    In this issue:

    In the first issue of this year, we ran a colloquium on the new EU Claims Directive. In this issue, created with the assistance of Jay Himes, we’re exploring two related issues—collective redress and class actions. We look at the current recommendations for injunctive and compensatory collective redress mechanisms; analyze the laws in those Member States that are most advanced in this arena (the United Kingdom, Germany, the Netherlands) as well as countries just now investigating the concept; and explore some interesting mechanisms such as claims vehicles.

    And we’re acknowledging a new EU Commissioner and regime by publishing a special article with some thoughtful advice. She will definitely have her hands full.

     

    Collective Redress

    Ann Marie Galvin, Feb 25, 2015

    Collective Redress and the EU Directive on Actions for Antitrust Damages on Parallel Paths—Where Are We Now?

    As with any non-binding initiative, the real test will be what actions Member States will take to give effect to the common principles and objectives set out in the Recommendation. Ann Marie Galvin (3M Corp.)

    Elaine Whiteford, Feb 25, 2015

    Half a Revolution? Damages for Breaches of Competition Law in the European Union

    What can be said unequivocally is that the Directive is likely to stimulate further claims and one side effect of that will be to further encourage innovative ways of grouping claims by those who consider they have been harmed by particular tortious conduct. Elaine Whiteford (King & Wood Mallesons LLP)

    Lia Vitzilaiou, George Zohios, Feb 25, 2015

    Class Actions Against Infringements of EU Competition Law: A One-Way Road Towards Effective Private Enforcement?

    Significant advantages and equally important disadvantages have been associated with the culture of class actions, while no consensus has been reached about their virtue or vice. Lia Vitzilaiou (Lambadarios Law Firm) & George Zohios (Alexiou & Kosmopoulos Law Firm)

    Michael Dean, Feb 25, 2015

    The Development of the Class Action in the United Kingdom

    The United Kingdom is taking a sectional rather than across-the-board approach to introducing the class or collective action, as and where need is demonstrated. Michael Dean (Maclay Murray & Spens LLP)

    Till Schreiber, Martin Seegers, Feb 25, 2015

    The EU Directive on Antitrust Damage Actions and the Role of Bundling Claims by Assignment

    The transfer of multiple damage claims is an independent legal alternative to (procedural) forms of class actions, group actions, or representative collective actions. Till Schreiber & Martin Seegers (CDC Cartel Damage Claims Consulting)

    David Burstyner, Feb 25, 2015

    Trusting European Member States to Comply With the EC’s Antitrust Damages Directive

    This may indicate that the crux of the challenges ahead is the need for greater harmonization across Europe. David Burstyner (Omni Bridgeway)

    Of Special Interest

    Mario Todino, Feb 25, 2015

    What Agenda for the Newly Appointed EU Competition Commissioner?

    So it is key that both the multilateral working method and the industrial policy considerations do not affect enforcement activity, but stay confined to regulatory and legislative initiatives. Mario Todino (Gianni, Origoni, Grippo, Cappelli & Partners)