Pursuing effective remedies in private competition actions
By Francesca Richmond
A number of factors, or uncertainty as to how those factors will be handled, are perceived as inhibiting potential claimants from bringing private competition damages actions in the EU. These include routes for collective redress, access to information, costs, forum-shopping for jurisdiction, uncertainty over quantification of damages, scope for indirect claims and the passing on defence. Procedural reforms proposed in the UK and EU will address some of these issues but developments in some key areas, such as quantification and access to information, remain most likely to be addressed piecemeal by national courts and regulatory authorities or through the publication of non-binding guidance rather than by any overarching statutory instrument. The reforms anticipated and possible ways forward on quantification of loss and access to information are discussed in this article.