TRENDS: PRIVATE LITIGATION - THIRD-PARTY FUNDING

Third-party private litigation funding

16th April 2014, The European Parliament adopted the Proposal for a Directive of 11th June 2013 on certain rules governing actions for damages for infringements of the competition law provisions (one of the private enforcement components). The text bodes for the long-awaited developement of actions for damages, but says little of the crucial matter of the litigation funding. This Trends issue is thus dedicated to funding difficulties and original solutions that arise in the United States, in Quebec and in Europe.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Introduction David Bosco Professor, University of Aix-Marseille Rafael Amaro Senior Lecturer, University of Paris Descartes I. Rational apathy of victims of anti-competitive practices 1. In Europe, victims of competition infringements still too rarely bring cases before national courts to obtain compensation for their damage. This "rational apathy", as the economic analysis puts it, is partly explained by the high costs of litigation: costs (especially expert fees), lawyers' consultancy fees and the opportunity cost of litigation for the managers of the plaintiff companies (in the case of professional victims). As for the benefits of the lawsuit, which

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David Bosco, Till Schreiber, Rafael P. Amaro, Catherine Piché, Pierre Servan-Schreiber, Mick Smith, Third-party private litigation funding, September 2014, Concurrences N° 3-2014, Art. N° 67476, pp. 13-26

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