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Part II Elements of Private Enforcement Systems, 4 Out-of-Court Redress Schemes

From: The Private Enforcement of Competition Law (1st Edition)

Pedro Caro de Sousa

From: Oxford Competition Law (http://oxcat.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 17 July 2024

European Union — Arbitration procedures — Damages — United Kingdom

This chapter elaborates on the key concepts of out-of-court redress schemes. It focuses on alternative dispute resolution in competition cases, which are voluntary redress schemes, alternative-dispute resolution, settlement schemes, and arbitration. The aforementioned alternative dispute-resolution mechanisms allow victims to settle cases quickly and easily on a voluntary basis, therefore most systems try to promote the resolution of claims outside court. The rationale for encouraging voluntary redress schemes or consensual dispute-resolution systems correlates to the costs and uncertainty of litigation. The chapter looks into the question of the arbitrability of competition law within the US and some EU jurisdictions.

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