Tag: class actions
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Strength in Numbers? Aggregating Competition Claims in Germany, the Netherlands and the UK (Efficiency in Competition Litigation, Part 1)
This is the opening piece of a short series examining how three European jurisdictions seek to resolve large competition claims efficiently. Private enforcement of competition law in Europe has grown into an established field of litigation, where mass proceedings are routinely brought and resolved. Claims initiated by or on behalf of sometimes thousands of victims,…
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Newman v Rightmove : privilege at the boundaries of collective litigation
A recent disclosure ruling in Newman v Rightmove shows how familiar privilege rules can create unfamiliar difficulties in opt-out collective proceedings. The Competition Appeal Tribunal’s conclusion – that a proposed class representative (PCR) cannot rely on privileged communications while withholding the underlying material – applies familiar privilege waiver principles. Its implications for absent class members who are reluctant to…
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Group Actions get final Blessing in Germany: Assignments valid for Cartel Claims (except if…)
Germany has become a key jurisdiction for cartel damages claims, despite the absence of an opt-out regime. The market has developed ways to bundle claims through an assignment structure. Germany’s highest civil court has now confirmed the viability of this model for antitrust cases and has set out the structural framework for large-scale assignment model…