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Azione di classe a tutela dei consumatori e comportamenti anticoncorrenziali: criticità (e velleità) di un tentativo di trade-off


The essay concerns the italian disciplin on the opt-in class actions, as ruled by article 140 bis of consumer code, with special reference its recourse for damages actions downstream an anticompetitive behaviour. The Author examines the main cornerstones of the collective redress mechanism, also in comparison with other foreign experiences, such as the US federal one , by focusing on its pros and cons of the domestic regime, mainly the bottleneck for the access to the remedy (the requirements for assessing whether the "class" exists or not) and the likely outcome of a equitative quantification of individual damages to be awarded. The latter, in particilular, is addressed as an embedded deterrent to the recourse to the collective remedy