Baker McKenzie submitted this response by way of feedback on the European Commission's proposed Directive on representative actions for the protection of the collective interests of consumers and repealing the Injunctions Directive 2009/22/EC. That proposal has been made as part of the European Commission's New Deal for Consumers package, targeted at strengthening enforcement of EU consumer law.
We comment on the safeguards necessary to ensure that collective redress through private litigation contributes to enforcement of consumer law - rather than operating to confuse regulatory enforcement objectives or risk policy being driven by litigation. We also address the risk that private litigation may be abused by those seeking to profit from unmeritorious claims or pursue commercial interests against competitors.
Our response is dated 21st June 2018.