The discussions at the MCLS2026 highlighted the profound transformation currently taking place in antitrust private enforcement across Europe.
Five key conclusions emerged from this year’s seminar:
◾ The growth of private enforcement.
In several jurisdictions, private enforcement is beginning to rival, and in some sectors surpass, public enforcement, particularly in digital markets and collective actions. This evolution also increases the importance of coordination between courts and competition authorities.
◾ The need for effective collective redress.
Effective compensation in mass harm situations requires procedural mechanisms capable of aggregating and managing claims efficiently, particularly where individual losses are low but the number of affected parties is significant.
◾ The uncertain world of hypotheticals: accepting «uncertainty».
Quantifying harm in competition litigation increasingly requires courts to assess complex counterfactual scenarios, especially in fast-moving digital and pharmaceutical markets where uncertainty is inherent.
◾ Case management of complex litigation and the role of «trust».
Complex competition litigation demands active judicial management, procedural flexibility and effective collaboration between courts, parties and experts in order to ensure proportionality and procedural efficiency.
◾ The need for a specialised competition tribunal.
The increasing economic, evidential and procedural complexity of competition damages actions strengthens the argument for specialised and centralised judicial structures with appropriate expertise and resources.
Thank you once again to all speakers, attendees and contributors for making MCLS2026 such a valuable forum for rigorous discussion and practical reflection on the future of antitrust private enforcement.