Private Enforcement of Antitrust: Regulating Corporate Behaviour through Collective Claims in the EU and US

Enhancing private litigation as a means of boosting the detection of anti-competitive behaviour and of remedying the harmful consequences of these practices on consumers has been at the forefront of the EU Commission agenda for a long time.

Starting from an examination of theories of collective action as a means of mobilising large groups of individuals, this book examines the current approaches governing class certification in competition damages claims in the US Federal courts. Andreangeli argues that the Commission’s ‘established wisdom’ on collective redress in competition cases as well as in the general area of tort law, may no longer be totally justified. The book proposes a more ‘holistic’ approach to collective redress, involving access to civil justice, a greater role for public enforcement authorities and the involvement of representative organisation.

It argues that this may succeed in delivering on goals of efficient adjudication and meaningful compensation of antitrust injuries without compromising on procedural fairness, and therefore that the EU Commission and the legislatures of many Member States may be more inclined to move away from their traditional views on these issues.