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EC considers class actions for antitrust violations

The European Commission (EC) has moved one step further in facilitating class actions to recover damages as a result of companies violating EU antitrust rules with the release of a White Paper on 2 April 2008. The White Paper suggests an opt in class action system (where entities have to seek affirmatively to be included in the class), compensatory damages for actual losses and a limited discovery regime.

The recommendations are far more conservative than the suggestions floated by the EC in its 2005 Green Paper, which canvassed a US style opt-out class action system and the prospect of multiple damages. The White Paper did not address the issue of contingency fees for lawyers, which are currently banned in most EC member states.

The text of the White Paper, together with associated materials, may be found here.

This publication is only a general outline. It is not legal advice. You should seek professional advice before taking any action based on its contents.