Germany and the Netherlands

Jannik Otto, Patrick Hauser and Simon Vande Walle

Chapter 17 in Research Handbook on Private Enforcement of Competition Law in the EU, 2023, pp 458-503 from Edward Elgar Publishing

Abstract: Chapter 17 notes that private enforcement of competition law in Germany and the Netherlands is booming. A surge in cartel damages actions has led to a flurry of judicial activity, while claim vehicles and claim funders continue to bring and fund new cases. At the same time, both jurisdictions also face significant and often similar challenges. These include the length and high cost of antitrust litigation, and the courts’ struggle with the quantification of damages. This chapter takes stock of the developments in each of these jurisdictions and provides an analysis of key issues such as access to evidence, costs, collective redress, assignments, quantification of damages, passing-on, etc.

Keywords: Law - Academic (search for similar items in EconPapers)
Date: 2023
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