To encourage private actions for damages in antitrust cases some jurisdictions subtract a fraction of the redress from the fine. We analyze the effectiveness of this policy. Such a rebate does not encourage settlement negotiations that would otherwise not occur. If, however, the parties settle...

This paper reviews the legal and economic structure of the class action litigation model in the United States, as set forth by rule 23 of US civil procedure, exploring the requirements for obtaining class certification and maintaining a class action. I analyze a number of critical issues and...

To encourage private actions for damages in antitrust cases some jurisdictions subtract a fraction of the redress from the fine. We analyze the effectiveness of this policy. Such a rebate does not encourage settlement negotiations that would otherwise not occur. If, however, the parties settle...

Private cartel damages litigation is on the rise in Europe since early 2000. This development has been initiated by the European courts and was supported by various policy initiatives of the European Commission, which found its culmination in the implementation of the EU Directive on Antitrust...

Private cartel damages litigation is on the rise in Europe since early 2000. This development has been initiated by the European courts and was supported by various policy initiatives of the European Commission, which found its culmination in the implementation of the EU Directive on Antitrust...

Directive 2014/104/EU was written on the assumption that the private enforcement of competition law is a matter of tort in all Member States. While doubts about this issue may have been brought up by some during the legislative process, they are not reflected in the final text. This assumption...

Following various proposals in the academic literature, and in the light of the observed decrease in the number of leniency applications received by European competition authorities in the period 2015 – 2020, the German Monopolies Commission (Monopolkommission) proposed in 2022 to amend the...

This book chapter (in French) provides an overview of substantive Belgian antitrust law, as applied by the Belgian competition authority and courts since the entry into force of the 2006 Act on the Protection of Economic Competition