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43 Int'l L. News 1 (2014)

handle is hein.journals/inrnlwnw43 and id is 1 raw text is: WINTER 2014
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Collective Redress in Cartel
Damages Actions in Europe
Light on the
Horizon-
Or Storm Brewing?
By Ines Bodenstein, Alexander Fritzsche,
Christian Steinle, and Stephan Wilske
In recent years, follow-on cartel damages claims (that is, private claims follow-
ing public proceedings) have attracted increasing interest from both potential
plaintiffs and former cartelists among businesses in Europe. This, of course,
includes U.S. businesses active in Europe. The process of cleaning up whole
industry sectors-in some cases on a worldwide basis-spurred by the competi-
tion authorities' leniency policies promoting disclosure in return for full or partial
immunity, has produced heterogeneous groups of victims and alleged wrongdo-
ers. Indeed, sometimes the same persons, companies, or groups can be both
alleged victims and wrongdoers at the same time for different products.
As a consequence, boards are faced with difficult decisions as to
whether it is in their interests and those of their shareholders to seek
redress from (former) business partners. At the same time, the
general climate for competition litigation in Europe has changed
considerably since the European Commission began actively pro-
moting civil actions as a means of complementing competition law
enforcement in the wake of a major 2004 reform. This development was
continued on page 10

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