Barriers to Private Damage Actions in Europe: Disperse Antitrust Injury and Effective Bundling of Damage Claims

 

The European Commission is keen on facilitating the bringing of antitrust damages claims in the national courts. Private actions to recover damages for losses incurred from competition law violations are a vital element of enforcement and have always buttressed US antitrust. The staggering underdevelopment of private enforcement in Europe and the feeling that violations abound led policy makers in Europe to enact substantial reforms. To enable meaningful compensation of all victims and strengthen deterrence, policy makers suggest procedural tools to bundle claims, but market developments are often ahead of the policy debate. Developments in Germany with respect to assigning, bundling and financing damage claims have seemingly cut the Gordian knot. Yet only a thorough understanding of the economics of private damage actions will achieve the broader goals of the reform agenda.

 

ENCORE is delighted to have presented at this workshop three distinguished speakers who have taken the audience behind the scenes of state-of-the-art private enforcement. Matt Cantor shared his expertise in managing large class actions and their implications for deterrence and compensation. Pierre Bos compared the US experience and the ongoing debate in the EU about different policy options and the scope for bundling damage claims. Finally, Ulrich Classen showed the audience the fast lane to policy-making and presented the market solution to bundling disperse damage claims and pursuing Europe 's very first consolidated action in the field of antitrust.

 

Program

14.00-14.15

Reception & welcome address
(Jakob Rüggeberg, Chair)

14.15-15.00

Matthew Cantor, ConstantineCannon, New York

Antitrust Class Actions in the US: In Re Visa Check/Mastermoney, to view the presentation,

click here.

15.00-15.45

Pierre Bos, BarentsKrans, The Hague

Procedural Mechanism for Bundling Damage Claims in Europe, to view the presentation, click here.

15.45-16.15

Coffee break

16.15-17.00

Ulrich Classen, Cartel Damage Claims, Brussels
Legal And Economic Aspects of Bundling Damage Claims by Assignment, to vieuw the presentation, click here.

17.00-17.45

Discussion

17.45-18.30

Drinks

 

 

Practical information

Date

November 1, 2007

Time

14.00 - 18.30 h

Location

Theater Diligentia
Lange Voorhout 5
2514 EA Den Haag
T el: 070 - 361 05 40

Directions

Theaters Diligentia & PePijn

 

Speaker biographies

Matthew L. Cantor is a partner at Constantine Cannon LLP, a law firm that specializes in antitrust litigation and counseling. Mr. Cantor has litigated a number of private antitrust disputes, including two class action antitrust matters -- one of which resulted in the largest antitrust settlement in U.S. history. Mr. Cantor also has represented multi-national corporations in proceedings before the U.S. Department of Justice, Antitrust Division, Federal Trade Commission and various state Attorneys General.

For more information concerning Mr. Cantor's practice, please visit Constantine Cannon LLP.

 

Pierre V.F. Bos is a partner at BarentsKrans BV , a law firm with specialized practice groups for both advisory and litigation practices. Pierre Bos is Head of its European, Competition and Procurement Law Practice Group and Co-chair of its Healthcare group. His expertise covers merger filings with the Netherlands Competition Authority and European Commission, damage litigation following on antitrust decisions, healthcare and public transportation regulation, commercial litigation as well as litigation before the European Court of Justice. Besides, Pierre Bos chairs the Dutch Bar's Standing Committee on Competition Law, is Member of the Section on Antitrust Law and the Section on International Law of the American Bar Association and lectures and publishes frequently on competition and related issues.

For more information concerning Mr. Bos' practice, please visit BarentsKrans BV.

 

Dr. Ulrich Classen is chairman of the Board of Directors and majority shareholder of CDC Holding SA. After his graduation from Freiburg and Mainz University in Germany , Dr. Classen worked 4 years with the Bundeskartellamt (German Federal Cartel Authority). At the same time he received his doctorate for a thesis in antitrust law. Since 1986 he is partner of Classen Rechtsanwälte, a German law firm. Dr. Classen is consultant and lawyer to commercial groups and notably medium-sized enterprises in administrative law, tort law and private law matters in the fields of antitrust law. Dr. Classen and CDC have been at the heart of private antitrust enforcement in Germany with the case against the cement cartel and shape the content and direction of private antitrust in Europe. For more information concerning Mr. Classen's practice, please visit Cartel Damage Claims SA.