Brussels: CompLaw Private Enforcement Conference

I had the pleasure of speaking at the CompLaw: Private Enforcement Conference, held in Brussels and organised by Informa Connect. I am grateful for the invitation and for the opportunity to engage with such a distinguished group of judges, practitioners, and academics.

My intervention focused on the structural role of collective actions in the enforcement of competition law. In particular, I emphasised their added value compared to alternative mechanisms such as bundling and assignment of claims. Collective actions fulfill three essential functions: facilitating access to redress for victims, enhancing judicial efficiency, and ensuring both general and specific deterrence.

The discussion also addressed the relationship between public and private enforcement. While regulatory authorities play a crucial role through the imposition of fines, effective private enforcement remains indispensable to guarantee actual compensation for victims and to prevent unlawful gains from being retained. In this context, well-designed opt-out mechanisms and sustainable litigation funding models are key components of a functional system.

Drawing on recent developments in the United States, the United Kingdom, and several EU Member States, I highlighted the growing use of collective mechanisms in complex competition cases. The parallel proceedings relating to the Apple App Store across multiple jurisdictions illustrate both the progress achieved and the ongoing challenges—particularly in terms of cross-border coordination, lis pendens, and the long-term sustainability of mass litigation.

Overall, the conference provided valuable insights into the evolving landscape of private enforcement and reaffirmed the central role of collective actions in shaping a more effective and coherent system of competition law enforcement.