Collective Actions & Competition Law

Introduction

Private enforcement of competition has been used more and more in recent years and it has become normal for victims of cartels to bring ‘follow-on’ actions for damages in both the EU and UK as collective enforcement actions.

The importance of private enforcement and collective enforcement has gained added impetus from the EU Damages Directive and the European Court judgments interpreting it.

This virtual classroom session is suitable for anyone advising on competition law compliance risks regarding follow-on damages claims and collective or class actions. It is also suitable for anyone involving in competition litigation against or on behalf of a class of claimants.

What You Will Learn

This live and interactive course will cover the following:

• Rights of claimants under EU Private Damages Directive and in the UK following Brexit and the legal framework applying to collective actions and how it has been interpreted by national competition authorities
• Updates from recent case law on a variety of issues
• Choice of venue in the Damages Directive and restrictions on claimants’ choice in certain circumstances following the Court of Justice decision in October 2022 (DB Station v ODEG)
• Conflict between rights of private claimants in regulated industries the CJEU judgment in ODEG on conflict between the right of private claimants to a reimbursement of overcharges under Article 102 TFEU and sectorial regulation
• Costs in collective actions and recent case law (Advocate General’s Kokott’s opinion in Tráficos Manuel Ferrer SL, Ignacio v Daimler AG (September 2022) including when the costs of private antitrust damages proceedings may be split between the victim of the competition law infringement and the infringer
• Discovery rights under the EU Damages Directive and the Court of Justice of EU (CJEU) interpretation provisions on discovery (PACCAR).
• Practical guidance on risks and issues to consider in collective actions in competition law cases

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.