Resolving disputes and providing parties with finality and certainty are key objectives of the legal system, yet are not all that easy to achieve under class action regimes which allow for class members to opt out of proceedings and do not prohibit multiple class actions concerning the same dispute. Carriage disputes arise when multiple class
A major difficulty encountered by courts and parties in antitrust damages actions is how to quantify the harm suffered. Quantification is based on comparing the actual position of claimants with the position they would find themselves in had the infringement never occurred. In any hypothetical assessment of how market conditions and the interactions of market
Directive 2014/104 establishes that any person who has suffered harm caused by a competition law infringement may claim full compensation for that harm. This includes the possibility of indirect claims, which arise when those that are not directly affected by such an infringement (notably, indirect purchasers) are nevertheless harmed as a result of changes in the behaviour of directly affected firms (the direct purchasers) as well as, potentially, other intermediate firms.
EU countries allow individuals and companies to claim compensation for the harm suffered as a result of an infringement of the competition rules. Injured parties are allowed to seek compensation for both the actual loss suffered and for the gain of which they have been deprived plus interest. Awarding compensation is exclusively in the domain of national courts and civil law.