EU Competition Remedies in Consumer Cases: Thinking Out of the Shopping Bag

Abstract

Compensation for victims of competition law infringements is not satisfactory in today’s European Union: too few victims seek damages. This is even truer in consumer cases. This article explains how a fairly simple alternative use of two current public competition law tools could contribute to improving this situation. Compensation could be accepted as an undertaking in the framework of a commitment procedure. Alternatively, compensation could be treated as a mitigating circumstance in the fine setting process. Previous Commission decisions and the case law show that the proposed solution is feasible. Compensation at the public enforcement stage clearly benefits consumers as victims, but also companies as (alleged) wrongdoers. Consumers receive an early and, in most cases, unexpected or unanticipated compensation. Companies obtain either the termination of the investigation that has been initiated or the reduction of their fine. The benefit of this alternative remedy is extended to competition law enforcement in both its private and public forms.