Part A Normative Approach to Consumer Participation, 3 Normative Justifications for Increased Consumer Involvement
Chapter 3 first discusses the ‘endemic-functional’ aims of damages actions as these are discerned from the Court’s jurisprudence and Commission’s policy documents on private competition law enforcement. These ‘endemic-functional’ aims comprise deterrence and compensation and are reflected in the structure of the procedural mechanisms for bringing damages actions. It is argued that, even though they both constitute equally valued objectives, in case of conflict deterrence should be ranked first. This is supported by the Court’s case law, while a closer reading of the respective case law, together with the Commission’s early statements, also advocates in favour of ranking deterrence first when formulating procedural measures. Provided that a correct balance is achieved between the ‘endemic-functional’ aims, consumer claims for competition law violations may account for wider institutional benefits, contributing to consumer empowerment and the legitimization of EU competition policy.