Class action

Cartels, Class action, Collective Redress, Consumer protection, Damages, European Court of Justice, European Union, Germany, Principle of Effectiveness, Private actions, Private enforcement, Procedures

(University of Vienna, Austria) and (University of Göttingen, Germany)/ /Leave a comment

In Tuesday’s judgment C-253/53 – ASG 2, the European Court of Justice (ECJ) provides some clarification on the compatibility of German rules restricting the fiduciary assignment of cartel damage claims to a provider of legal services with the principle of effectiveness and the right to effective judicial protection in EU law. The ECJ took a…

Class action, Collective Redress, Competition proceedings, Damages, Germany, Private enforcement

(University of Vienna, Austria)/ /Leave a comment

With the (belated) transposition of the EU Representative Actions Directive (RAD) on 13 October 2023 by means of the RAD Implementing Act (Verbandsklagenrichtlinienumsetzungsgesetz – non-German speakers, I treat you to a beer if you can properly pronounce this Zungenbrecher), the German legislator has ventured new legal territory for collective actions. Now, four main models build the…

Class action, Collective Redress, Digital competition, Digital Markets Act, Private enforcement

, (CDC Cartel Damage Claims Consulting)/ /Leave a comment

Introduction With the provisions of the Digital Markets Act (‘DMA’, ‘Regulation’) going into effect as of 2 May 2023, the European Union has introduced its ex-ante instrument to regulate the digital markets. This innovative body of rules targets large digital platforms which provide ‘core platform services’ and qualify as ‘gatekeepers’ (Article 2(1). Such online platforms…

Cartels, Class action, Collective Redress, Damages, Germany, Private actions, Private enforcement

(Spieker & Jaeger)/ /1 Comment

The collective private antitrust cases in the so-called timber cartel keep many German courts busy. At the beginning of the year, the Stuttgart Regional Court rejected any claims for cartel damages in a rather blunt manner [Link]. Now, the Regional Court of Dortmund has heard the case. As Dortmund is located in Germany’s Westfalia region,…

Class action, Damages, Portugal, Private enforcement

, , (DLA Piper Portugal)/ /Leave a comment

On 20 September 2021, the Portuguese Competition Court approved a settlement between Ius Omnibus, a non-profit consumer protection association, and the National Association of Land Surveyors (ANT), in the context of a class action filed by Ius Omnibus intended to obtain compensation for the damages suffered by consumers as a result of ANT’s allegedly anticompetitive…