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New group action procedure in Scotland

New group action procedure in Scotland ...


Merricks v Mastercard Inc : Collective Actions Re-invigorated

Merricks v Mastercard Inc : Collective Actions Re-invigorated...

Competition Law

Collective redress in competition cases is available in many EU States, although not all countries provide for a specific sectoral mechanism tailored to competition law cases. Where sectoral mechanisms exist, the available forms of collective redress either involve an association bringing the claim or are based on collective redress individually led by market participants. Similar to the area of consumer law, a country can also provide for more than one mechanism to better adjust to the different types of competition law scenarios (e.g. separate mechanisms for antitrust cases and actions against unfair competition). As some scenarios such as unfair commercial practices can directly affect consumers, there can be some overlap with the provisions on consumer collective redress (e.g. Germany, Italy, as to standing and available remedies). Where procedures enable an association to bring a collective claim, regularly only designated/ listed associations have standing. The available remedies range from injunctive relief to skimming off of profits or compensation. There are ongoing national reforms in the area of collective redress in competition law, e.g. in the UK.

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