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Part II Elements of Private Enforcement Systems, 6 Ensuring the Effectiveness of 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

Subject(s):
Cartels — Private actions

This chapter looks at the effectiveness of redress schemes in light of the fact that factors such as quantifying and proving losses significantly increase the costs of competition litigation. The chapter also discusses the mechanisms of third-party funding, success-based billing, cost-based billing, and after-the-event insurance, all of which are intended to assist with the expense of litigation. Such mechanisms are similar in that they transfer the risk of bringing a claim to someone other than the victim of the competition infringement. The chapter notes that the effectiveness of a system often depends on the mechanisms that allow for sharing the risk and costs of bringing a claim or that reduce the costs of bringing a successful claim.

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