1. BIS, “Private Actions in Competition Law—a Consultation on Options for Reform” (London, 2012), para 5.1.
2. This is the case when the overcharge is partly passed on.
3. Commission, “Green Paper on Damages Actions for Breach of EC Antitrust Rules”, COM(2005) 672 final (Brussels, 2005); Commission, “White Paper on Damages Actions for Breach of the EC Antitrust Rules“, COM(2008) 165 final (Brussels, 2008). The article uses the term “class action” to refer to the US class action procedure and uses “collective redress mechanisms” and “collective redress actions” for the EU and the UK.
4. Commission, “Recommendation on Common Principles for Injunctive and Compensatory Collective Redress Mechanisms in the Member States Concerning Violations of Rights Granted Under Union Law”, C(2013) 3539/3 (Strasbourg, 2013).