Giorgio Afferni

The New Antitrust Class Action?

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This contribution briefly discusses the application of the new Italian collective redress mechanism to infringements of Eu or national competition law. Particular attention is dedicated to the case where more than one collective action is filed for the same infringement, to the verification of all requirements for the admissibility of the action (the action must not be manifestly unfounded, lack of any conflict of interests, commonality, adequacy of representation), to the collection of claimants opting-in the action, and to the funding of the action. The discussion is curried forward also through a comparison with the old Italian class action. It is held that the new regime represents an improvement with respect to the past.


  • Class action
  • Collective redress
  • Antitrust law
  • Private enforcement


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