Partners Frédéric Louis, Cormac O'Daly and Anne Vallery and associate Anastasiia Zeleniuk authored "Private Enforcement of EU Competition Law: Recent Developments," the expert analysis chapter in the 19th edition of ICLG – Competition Litigation 2027.
The authors write that private enforcement has become a core part of European competition law. It now reaches beyond traditional cartel claims, with a growing number of collective actions against digital platforms and technology companies. The chapter looks at recent European Court of Justice rulings on several topics. These include how leniency materials are protected, pre-action disclosure of evidence, jurisdiction over follow-on and collective claims, and when interest on cartel damages begins to accrue.
The authors also discuss the European Commission's review of the Brussels I Regulation. They question whether the Court's claimant-friendly approach strikes the right balance, since growing private enforcement may be getting in the way of public enforcement.
This chapter was first published in ICLG – Competition Litigation Laws and Regulations 2027, published by Global Legal Group.
Read the chapter here.