Abstract
This chapter examines the development of discussions at EU level on collective redress, showing how policy ideas have developed in relation to the two principal areas that are currently under discussion, namely competition damages and consumer ADR. It contrasts the European architecture of public and private enforcement with that of U.S.A., and notes that enforcement policy in competition law (based on public authorities seeking to deter) fails to maintain a balanced competitive market. In the field of consumer redress, there has been a major shift away from private action mechanisms towards 'Consumer ADR' pathways, encompassing ombudsmen and code-based arbitration and mediation techniques, which avoid the need for collective actions. The Consumer ADR landscape is developing rapidly, led by proposed EU legislation.
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