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European collective redress in competition and privacy: A Dutch perspective

  • Antitrust & competition
May 29, 2024
Philipp Leibfried

The Dutch Resolution of Mass Damage in Collective Action Act (known as the WAMCA) regime has generated significant interest for its approach to collective actions. Over the past four years, the collective actions regime in the Netherlands has experienced significant growth, with nearly 80 collective actions filed under its revised rules. Notably, close to a third of these actions also sought damages—not possible under the previous rules. Given this, it is unsurprising that use of legal finance in the Netherlands is growing.  

I recently held a webcast discussion with Carlijn Van Rest of Scott + Scott on the evolving landscape of European collective redress in competition and privacy law from a Dutch perspective.  

The role of legal finance in Dutch claims 

Legal finance has become increasingly popular in the Netherlands, particularly in the collective actions and securities litigation context. The country has emerged as a leading jurisdiction for claimants seeking damages in mass claims, with several significant securities-related settlements taking place.  

Legal finance providers such as Burford offer funding to businesses seeking redress for harm caused by rulebreakers. By partnering with a legal financier, claimants can access the necessary capital to pursue large-scale claims and navigate complex proceedings. This enables them to pursue meritorious claims that would be uneconomical to pursue individually, ultimately empowering them to seek redress and pursue claims without incurring significant upfront costs.