Bundling of claims by way of assignment in ItalyGiorgio Afferni1
Bundling of claims by assignment (the so-called assignment model) is rapidly emerging in the European Union ("EU") as the favorite alternative to group actions for damages (either collective or representative).2 This is particularly true for those Member States, such as Italy, that still do not have effective group action proceedings.3 In this respect, it is noteworthy that the EU Antitrust Damages Directive leaves to Member States the decision whether to admit collective or representative actions for damages caused by infringement of competition law, but specifically recognizes the assignment model.4 As these provisions are directly applicable, they can be invoked by individuals and companies before national courts.
1. The limited effectiveness of the new Italian collective action regime
In Italy, a new collective action regime was recently introduced for infringements that took place after 18 May 2021.5 The new regime represents a signific...
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