Collective actions in a competition law context –reconciling multilayer interests to enhance access to justice?

研究成果: 著書/レポートタイプへの貢献

抄録

Introduction. Collective actions contribute to access to justice. This has been explained by referring to their capacity to ‘“provide a real remedy” to those in the community who individually have uneconomically viable claims, but where overall, the total amount at issue was significant’. When individuals who share an interest are unified, collective actions will make it easier for them to recover the losses from damage sustained. Bringing together these individuals allows for sharing ‘the huge burden of complicated law suits’, for which various costs may have to be made. These costs will be disproportionate to the damages received by any individual alone, but not to the damages received by the pool of individuals. A similar reasoning has been introduced in the White Paper on Damages Actions for Breach of the EC Antitrust Rules (White Paper), a document in which the European Commission has taken the initiative to introduce several forms of collective action, more specifically on representative actions and opt-in collective actions. Besides aiming at strengthening the enforcement of European competition law, the Commission stated that collective actions would make ‘it easier for consumers and firms that have suffered damage from an infringement of competition law to recover their losses from the infringer.’

元の言語英語
ホスト出版物のタイトルCollective Actions
ホスト出版物のサブタイトルEnhancing Access to Justice and Reconciling Multilayer Interests?
出版者Cambridge University Press
ページ57-92
ページ数36
ISBN(電子版)9781139109383
ISBN(印刷物)9781107021549
DOI
出版物ステータス出版済み - 1 1 2012

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Justice
Collective Action
Damage
Costs
Enforcement
Burden
Strengthening
European Commission

All Science Journal Classification (ASJC) codes

  • Arts and Humanities(all)

これを引用

Van Uytsel, S. J. (2012). Collective actions in a competition law context –reconciling multilayer interests to enhance access to justice?Collective Actions: Enhancing Access to Justice and Reconciling Multilayer Interests? (pp. 57-92). Cambridge University Press. https://doi.org/10.1017/CBO9781139109383.005

Collective actions in a competition law context –reconciling multilayer interests to enhance access to justice? / Van Uytsel, Steven J.

Collective Actions: Enhancing Access to Justice and Reconciling Multilayer Interests?. Cambridge University Press, 2012. p. 57-92.

研究成果: 著書/レポートタイプへの貢献

Van Uytsel, SJ 2012, Collective actions in a competition law context –reconciling multilayer interests to enhance access to justice?Collective Actions: Enhancing Access to Justice and Reconciling Multilayer Interests?. Cambridge University Press, pp. 57-92. https://doi.org/10.1017/CBO9781139109383.005
Van Uytsel SJ. Collective actions in a competition law context –reconciling multilayer interests to enhance access to justice? : Collective Actions: Enhancing Access to Justice and Reconciling Multilayer Interests?. Cambridge University Press. 2012. p. 57-92 https://doi.org/10.1017/CBO9781139109383.005
Van Uytsel, Steven J. / Collective actions in a competition law context –reconciling multilayer interests to enhance access to justice?. Collective Actions: Enhancing Access to Justice and Reconciling Multilayer Interests?. Cambridge University Press, 2012. pp. 57-92
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