ABSTRACT

This chapter formulates a collective redress action with respect to the systems for establishing the group membership and forming the group. The chapter starts by describing possible membership mechanisms and the way in which they operate, and assesses their ability to deliver redress to affected consumers. It concludes that both opt-in and opt-out collective actions should be made available to affected consumers and the discretion to choose between them should be left to courts. The chapter then examines the definition of the group, the types of claims best suited to be determined in a single lawsuit, and different groups of consumers in forming a group. It finds that the group should be defined in a way which only consists of direct and indirect consumers harmed by competition infringements.