Baker Botts and Oxera are delighted to announce the launch of a four-part webinar series in the autumn of 2023, with the aim of exploring the significant global challenges to achieving the European Union’s Green Deal and the energy transition, including the energy crisis and ongoing geo-political tensions. The discussions… Read More
Collective and Class Actions
Tackling a growing area of litigation
Class actions have been prevalent in US law for years—but they are now more frequently reaching European courtrooms too.
In recent years, the UK and some EU member states have established litigation regimes that allow consumers to collectively seek redress arising from competition infringements and data privacy breaches. Examples of the latter include BA and Equifax being fined by the UK Information Commissioner’s Office in relation to GDPR.
As with any litigation, expert economic evidence—supported by the right insight and tools—is vital for a successful outcome.
Whether you’re a claimant or a defendant in a class action case, our experienced experts are well-placed to help.
Our experts work closely with you on all parts of the process, including:
- shaping case strategy
- defining disclosure requirements
- assisting with settlement negotiations
- compiling evidence for trial
- giving expert testimony at proceedings.
We have the advantage of industry-leading knowledge of the legal and economic aspects of collective and class actions, but we can also call on specialists across sectors, including energy, financial services, technology, retail, telecoms, transport, and water.
All aspects of claims are scrutinised, tested, and challenged, supported by our in-depth understanding of regulation and expertise in financial valuation and damages quantification.
Collective regime solutions
Recent legislation has enabled collective actions in response to data and privacy breaches, as well as environmental damages.
Our advice covers all angles of damages arising from anticompetitive conduct, including cartels and abuse of dominance. We help organisations and their funding partners to scope and assess potential claims and risks.
Thanks to our experience of working on high-profile cases across sectors, we can identify, analyse, and resolve common issues, including:
- the composition and demographic distribution of class members
- value of commerce and overcharge
- calculation of pass-through of economic damages, both through the value chain and across class members
- determination of appropriate benchmarks for uplifting any historic damages relevant to consumers in the case
Quality and integrity
When it comes to quantifying antitrust damages, our economic experts are among the most respected and trusted in Europe, renowned for their quality and integrity.
We helped to establish the economic foundations under which damages claims are being brought, and we provide European Commission-sponsored training to judges across Europe on competition economics.
We’re frequently placed first in international rankings of antitrust and competition law advisers.