POUR UNE ACTION COLLECTIVE EUROPÉENNE DANS LE DROIT DE LA CONCURRENCE

First, this Article explores how the implementation of a class action mechanism has become essential to European antitrust law, and addresses the caution that must be used in its development. It shows that an antitrust class action suit is not only desirable, but also necessary under European law, and that the mechanisms currently available to antitrust victims are insufficient to obtain relief. Then, this Article introduces a new form of class action, adapted to the needs and legal traditions of Europe. This mechanism combines the opt-out and opt-in systems, using the amount of potential individual damages as a criterion for differentiation. The purpose of this proposal is not only to counter classic class action flaws, abusive litigation and principal-agent problems, but also to maintain an optimal deterrent to discourage possible antitrust offenders.