Digital markets and private antitrust enforcement: Are there any chances?
In this event we will discuss the challenges posed by the next avalanche of claims or the private application of competition law 2.0, which is already appearing in the most proactive jurisdictions such as the United States, the United Kingdom, the Netherlands and Portugal.
These actions 2.0. At first glance, they raise the following issues that differentiate them from the private application 1.0 (marked by the actions known as follow on, hard-core cartels, individualized damage, prescription and dies a quo, problems of access to the file, leniency and quantification of the damage ):
– Autonomous or hybrid stand alone actions, this is raised simultaneously to the sanctioning file.
– Very complex behaviors based on the technology used and 1 that may imply the breach of other regulations such as the RGPD.
– Abuse of dominant position and/or hub & spoke cartels.
– Diffuse damage dealt to powerful users, but very low on an individual level.
– Ongoing damage that is difficult to quantify.
– Industrialization of litigation (financing, collective actions or other types of solutions as an alternative to “mass lawsuits” etc).
The speakers participate in a large part of these actions and the main litigations of the European Union in this matter, so that during the day we will be able to delve into these issues and prepare the ground for the 2.0 application.
