Alternative dispute resolution for antitrust damages

Litigation is in most cases very costly, long and time-consuming and damaging to a company’s image. Alternative dispute resolution (ADR) can provide a cheaper, shorter and less confrontational avenue to address disputes. This is particularly relevant in the context of the debate on collective redress over the last years, where BUSINESSEUROPE has been promoting the concept of ADR which has met strong interest within the EU institutions.

This paper outlines BUSINESSEUROPE’s views on the possible application of ADR to antitrust damages cases and on how an ADR scheme could work in practice in this field, especially in the context of transposition of Directive 2014/104/EU on antitrust damages actions.

This document does not replace expert knowledge and legal assistance where appropriate. Its overall objective is to provide a description of one possible concrete way to address antitrust damages cases through ADR without going to court. BusinessEurope takes no responsibility whatsoever for misuse of the information provided in this document.