Effective private enforcement of EU competition law: an input and output legitimacy analysis of collective redress

Abstract

This paper assesses the effectiveness of the 2013 Commission?s Communication and Recommendation on collective redress mechanisms by combining the theory of input/output legitimacy with the EU legal concept of effectiveness. In particular, this paper asks first, whether the inputs provided by the European Parliament and stakeholders in the course of the policy-making process of private enforcement of competition law and of collective redress had an impact on the EU rules currently adopted; and second, whether such inputs have increased rather than decreased the effectiveness of these rules. The paper shows that the European Parliament and stakeholders? positions are reflected in the adopted rules. As for the impact of such inputs in terms of more, rather than less, effectiveness, the assessment seems to point to a decreased effectiveness of these rules, which is reflected in the adoption of soft-law, which means that the Member States may not adopt it, and in the capability of these rules to promote compliance with Article 101 and 102 TFEU. However, this paper also shows that the European Parliament and stakeholders? inputs highlighted the need that the collective redress rules should respect some important legal values that make the judicial decision-making process legitimate. This is an important precondition for the proper application of the new rules on collective redress by the legal community, which in turn is likely to make such rules effective.