The Italian Parliament passes a new provision allowing collective action for infringement of competition law (“Azione di classe”)

The English Court of Appeal has rejected a creative attempt to use existing English civil procedure rules to craft an ‘opt-out' style class-action. The matter concerned an action for damages arising from the international air freight cartel, in which the European Commission has recently fined several airlines, including British Airways. The availability of collective redress is a key issue in competition law claims given the nature of competition law infringements which impact upon a wide range of direct and indirect purchasers of goods and services affected by the infringement, each of which may only have suffered minor damage. Representative actions comprising the aggregation of such individual claims generally take one of two forms, either ‘opt-in' or ‘opt-out' collective actions.

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Author

  • Herbert Smith Freehills (London)

Quotation

Morris Schonberg, The Italian Parliament passes a new provision allowing collective action for infringement of competition law (“Azione di classe”), 18 November 2010, e-Competitions Bulletin November 2010, Art. N° 33285

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