Abstract

This contribution deals with the most significant issues in the application of the new Italian class action to antitrust damages. In particular, the following issues are discussed: standing of consumers that are indirect purchasers, joint and several liability among firms that took part to the antitrust infringement, contribution among the same, jurisdiction and stay of proceeding. Greater attention is dedicated to the requirement of identity of claims which is requested for the certification of the class. It is claimed that this requirement is satisfied when common proof of all requirements of liability is possible. Such requirements are antitrust violation and individual injury (i.e. the fact that the violation caused an injury to each member of the class). Finally, some attention is devoted to the funding of the class action and to the effectiveness of this procedural device with respect to the private enforcement of antitrust law.