Digital Litigation: perspectives and challenges for private enforcement

On the back of an ever-expanding antitrust litigation trend sweeping the EU, there are now growing indications of the interest from the plaintiff bar in bringing actions before national courts against digital undertakings, including gatekeepers, on the basis of prior decisions by the European Commission or NCAs pursuant to regulatory provisions (including the DMA, economic dependency law, etc.).

Our session will aim at providing an overview and some critical reflections on some of the multiple issues and challenges within these unchartered litigation territories (such as jurisdictional aspects, standing, availability of collective/representative actions, interplay with public enforcement and with other provisions, available relief, quantification of damages etc.).