Collective alternative dispute resolution (ADR) for the private enforcement of EU competition law

Abstract

The European enforcement landscape is undergoing significant changes that are leading to a departure from the actors, tools and processes traditionally associated with delivering justice. This thesis examines these themes while developing a solution to the private enforcement gap that continues to leave a large number of victims without a remedy, particularly if they have suffered low-value individual harm as a result of competition infringements. In order to ensure that the private enforcement of EU competition law leads to the effective enforcement of EU rights and to the full compensation of all victims, a collective redress device must be developed. In particular, this thesis will explore whether optimal private enforcement outcomes could be achieved through the integration of collective alternative dispute resolution (‘collective ADR’) into a regulatory enforcement architecture as a first choice redress avenue. To date, the use of collective ADR as a private enforcement mechanism has not been considered as a serious policy option on the European level. While this thesis focuses on the use of collective ADR in the context of competition enforcement, it also confronts issues that could be expanded to private enforcement in other fields. Ultimately, the enforcement toolbox should be diversified not only to ensure the successful fulfilment of the regulatory goals, but also to facilitate the transformations that are occurring in the enforcement landscape more broadly.