Zygimantas Juska

• PhD Student at Leiden University

The European Commission expected to assess the implementation of the 2013 Recommendation on collective redress by 26 July 2017, yet the Commission missed the deadline. Despite this failure, the Recommendation is still on the eu agenda: a public consultation has been started with the intention to assess how the eu member states responded to the 2013...

Policy preferences in the US shape private antitrust remedies in the form of deterrence; any compensation failures can be justified as long as the deterrent function is successful. In contrast, EU private antitrust enforcement seeks to ensure that anyone who has suffered harm from a violation of competition law can effectively exercise their right...

The U.S. system has relied heavily on antitrust class actions as a means of ensuring compensation and deterrence. Although this tool seems sensible in theory, the reality is that it remains highly controversial. On the one hand, commentators argue that class actions force defendants to settle cases lacking merit. Even if a settlement agreement is a...

A More Forceful Collective Redress Schemes in the EU Competition Law: What Is the Potential for Achieving Full Compensation? The damages actions reform of the European Union is predetermined to fail in achieving its stated goal of full compensation. There are two main reasons for this. First, the Directive on damages actions fails to maintain a bal...

Contingency-fee agreements are one - if not the only - tool that can be used to ensure that small-stakes collective antitrust actions are heard, yet they are subject to strong resistance from the European Union. There is a concern that contingency fees could lead to abuses of the system or conflicts of interest, as has been seen in the United State...

The primary focus of this article is to review the main obstacles in competition law enforcement in the European Union and to investigate how the development of collective redress could effectively facilitate enforcement of EU competition law. Arguably, antitrust enforcement remains sub-optimal due to the insufficient deterrent effect of EU antitru...