Public Compensation as a Complementary Mechanism to Damages Actions: From Policy Justifications to Formal Implementation

Posted by D. Daniel Sokol

Ariel Ezrachi (Oxford) and Maria Ioannidou (Oxford) explore Public Compensation as a Complementary Mechanism to Damages Actions: From Policy Justifications to Formal Implementation.

ABSTRACT: Limited private litigation and shortcomings in collective redress draw attention to the possibility of using public competition law enforcement as an alternative route to facilitate compensation. Public enforcement could be deployed to promote some of the objectives traditionally linked to damages actions in national courts. It would enable competition authorities to award a certain form of compensation alongside the imposed fine following a public investigation. Embedded in the current regulatory framework, it could facilitate compensation, increase deterrence and encourage greater consumer involvement in competition law enforcement.