Abstract
The debate about whether the European Union should adopt a community-wide system to compensate victims of illegal cartel activity has generated a lot of heat, but perhaps less enlightenment, over the past years. Some people are arguing for grafting a U.S. style class action litigation system onto the EU structure, somehow modifying that U.S. graft to avoid the costs of the U.S. system while all the while preserving and reflecting European cultures and traditions. This article discusses three potential approaches: inaction (letting the law develop as it is doing right now; adopting a U.S. style litigation system; and trying an Alternative Dispute Resolution approach. It concludes with the idea of a government controlled restitution system, to get the best results with the least amount of collateral damage to the legal structure.
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