Presentation on theme: "Private Enforcement Class Action in Denmark 28 September 2007, Danish Association for Competition Law Jan-Erik Svensson."— Presentation transcript:
Private Enforcement Class Action in Denmark 28 September 2007, Danish Association for Competition Law Jan-Erik Svensson
Overview Principle of res iudicata (estoppel) Judgements only have effect inter partes, not erga omnes Precedential value De facto class action – previous possibilities Joinder of actions, cf. sections 250 and 254 of the Administration of Justice Act Danish Consumer Ombudsman, cf. Danish Marketing Practices Act Amendments to the Administration of Justice Act – Class action rules Chapter 23 a Adopted on 22 February Effect from 1 January 2008
Criteria Claims are uniform (not necessarily “identical”) Jurisdiction Venue for all claims in Denmark, Court is correct jurisdiction for one of the claims; and Court has subject-matter competence in respect of one of the claims Class action is believed to be the best way in which way to hear the claims – Joinder of actions may take precedence Class members can be identified and notified of the case in an appropriate way Appointment of a class representative
Practical issues Opt-in model – with a possibility of opt-out in some instances Class representative appointed by the Court Class member, Association, private institution, or other organisation where proceedings are within the framework of the object of the organisation; or Public authorities with statutory authority thereto (currently the Danish Consumer Ombudsman in limited areas) Class representative is a party – class members are not Class representative may be asked to provide security for costs Not all steps can be taken by the class representative, e.g. settlements must be accepted by the Court
Private Enforcement Class action must be the best way Cartel cases - Identify group - Prove loss, pass on - Possibly group of losses - Often different and individual claims - Ascertain liability, thereafter individual cases dealing with causation, size of claim, etc.
Private Enforcement Class action must be the best way Abuse of dominance Types of abuse, tying, excessive pricing, other? - Identify group - Prove loss, pass on - Possibly group of losses - Often different and individual claims - Ascertain liability, thereafter individual cases dealing with causation, size of claim, etc.
Private Enforcement Grounds for violation (liability?) proven with the decision by the competition authority Individual cases, as evidence is needed in each case Sweden has had class action rules since January 2003, - no cases of private enforcement of competition rules, but many other cases
Class action / Private Enforcement Jan-Erik Svensson Gorrissen Federspiel Kierkegaard H.C. Andersens Boulevard 12 DK-1553 Copenhagen V Telephone: (+45) , Fax: (+45)