European Union antitrust regulators shall be promoting private damages actions in competition cases so that victims can be compensated and companies can be deterred from breaching the EU’s strict rules. Class actions are rare in Europe and much more common in the United States, where individuals group claims into one lawsuit. This gives consumers the incentive to pursue compensation — often for small sums — when it would be costly or time-consuming to take action individually.
In an attempt to avoid any abuse of class actions, the draft directive underlines that only state bodies or non profit-making organisations appointed by national governments in the EU can bring class action lawsuits in national courts. A so-called “opt-out” clause means victims would automatically be included in the class action lawsuit unless they had been notified by the appointed body and choose to be excluded from the litigation. The draft directive would allow victims at least two years to take legal action after a final court ruling on a company’s infringement. Claims can be made for actual losses and loss of profit.
In an attempt to avoid any abuse of class actions, the draft directive underlines that only state bodies or non profit-making organisations appointed by national governments in the EU can bring class action lawsuits in national courts. A so-called “opt-out” clause means victims would automatically be included in the class action lawsuit unless they had been notified by the appointed body and choose to be excluded from the litigation. The draft directive would allow victims at least two years to take legal action after a final court ruling on a company’s infringement. Claims can be made for actual losses and loss of profit.
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