Home | Databases | WorldLII | Search | Feedback Edited Legal Collections Data

Denozza, Francesco; Toffoletti, Luca --- "Class Actions in Private Enforcement of EC Antitrust Law: The Commission Green Paper" [2012] ELECD 312; in Backhaus, G. Jürgen; Cassone, Alberto; Ramello, B. Giovanni (eds), "The Law and Economics of Class Actions in Europe" (Edward Elgar Publishing, 2012)

Book Title: The Law and Economics of Class Actions in Europe

Editor(s): Backhaus, G. Jürgen; Cassone, Alberto; Ramello, B. Giovanni

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847208033

Section: Chapter 13

Section Title: Class Actions in Private Enforcement of EC Antitrust Law: The Commission Green Paper

Author(s): Denozza, Francesco; Toffoletti, Luca

Number of pages: 22

Extract:

13. Class actions in private enforcement
of EC antitrust law: the Commission
Green Paper*
Francesco Denozza and Luca Toffoletti


1. THE GREEN PAPER AND THE PRODUCTION OF
DETERRENCE
The Green Paper of the European Commission, on Damages actions for
breach of the EC antitrust rules1 promotes the development of private
enforcement of antitrust rules in the European Union. In doing so, the
Commission addresses a number of reasons why private suits, and damages
actions in particular, are important and need to be incentivised in EC
antitrust. Both the functions of compensation and deterrence of damages
actions are taken into consideration. As to compensation, the Green Paper
contains such a strong statement as the following: `it is desirable that
victims of competition law violations are able to recover damages for loss
suffered, if competition law is to better reach consumers and undertakings
and enhance their access to forms of legal action to protect their rights'.2
Deterrence is surely at issue as well: the Commission clearly states that
`Enhanced private enforcement will (...) increase the incentives of compa-
nies to comply with the law, thus helping ensure that markets remain open



* An earlier version of this work was presented at the conference `Introducing
Class Actions in Europe ­ A Comparative Law and Economics Perspective',
Alessandria, January 26­27, 2007 (Università del Piemonte Orientale, Department
of Public Policy and Public Choice- POLIS)
1
December 19, 2005, COM (2005) 672, hereinafter the `Green Paper', with the
annexed Commission Staff Working Paper Annex to the Green ...