Class Actions in the European Union?: Importing Lessons Learned From the United States' Experience Into European Community Competition Law

Authors

• Tiffany Chieu, Benjamin N. Cardozo School of Law

Abstract

The note argues that the European Union (EU) needs to establish an effective collective redress mechanism to address the challenges faced by victims of anticompetitive practices, who currently struggle to obtain adequate compensation. While the European Commission has proposed opt-in collective redress and representative actions, the note contends that an opt-out mechanism, akin to the U.S. class action system, would better deter wrongdoing and enhance compensation without fostering excessive litigation. The EU can draw lessons from the U.S. experience but must tailor its approach to avoid the pitfalls of a litigious culture.

Disciplines

Antitrust and Trade Regulation | International Trade Law | Law | Legal Remedies

Recommended Citation

Tiffany Chieu, Class Actions in the European Union?: Importing Lessons Learned From the United States' Experience Into European Community Competition Law, 18 Cardozo J. Int'l & Comp. L. 123 (2010).
Available at: https://larc.cardozo.yu.edu/cjicl/vol18/iss1/6