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Kollektiver Rechtsschutz

Obtaining damages for those who have suffered losses due to unlawful conduct is the cornerstone of what we do, and Hausfeld has pioneered the development of collective redress across Europe and beyond. 

It is very often more cost-effective for groups of individuals and corporates to recover their losses on a collective basis, and – in some cases – using a collective mechanism to bring claims is the difference between meritorious claims being brought and not. In this way, collective redress ensures access to justice: it is a means by which rights can be vindicated that would otherwise be lost. 

Hausfeld possesses significant experience of all aspects of collective redress - whether it relates to antitrust, consumer or human rights and environmental claims - and boasts an impressive track record in building damages actions on a group, opt-in and opt-out basis.

Highlights include:

  • Hausfeld negotiated the ground-breaking settlement of the Air Passenger antitrust litigation on behalf of millions of UK and US victims of anticompetitive conduct - this was the first time non-US victims of anticompetitive conduct had been included in a US settlement on an equal footing with affected US class members. 
  • Similarly, in 2009, Hausfeld negotiated the first ever global cartel damages settlement on behalf of entities which had been caused losses by the Marine Hose cartel.  
  • Hausfeld was the first firm in Europe to take action following the European Commission’s Trucks cartel decision - a trend many others followed. In this regard, we have so far pursued claims in three jurisdictions (UK, Netherlands, Germany), representing over 9,000 clients and seeking compensation for some 475,000 affected trucks.
  • Having started with a handful of UK flower importers in 2009, we successfully pursued significant losses arising from the Air Cargo cartel for 500 claimant entities - including a significant number of multinationals - against British Airways plc and 13 other airlines. This was one of the longest running (10+ years), most high-profile and complex competition damages actions brought to date in the English Courts. 
  • With co-counsel Cuatrecasas, Hausfeld pursued claims against Visa and Mastercard as part of the renowned 'Interchange Fee' litigation for the unlawful imposition of interchange fees on both cross‐border and domestic transactions in 18 European countries on behalf of over 1,000 operating entities in eight corporate groups.
  • In a historic class action settlement, the first ever of its kind in South Africa, Hausfeld acted for African gold miners who suffered disabling lung diseases from underground exposure to silica including silicosis and pulmonary tuberculosis over the last 50 years. The precedent-setting human rights litigation reflected more than a decade of persistent preparation and litigation to otain this compensation for the gold miners.
  • In February 2019, Hausfeld and co-counsel Charles Lyndon filed claims in the Competition Appeal Tribunal on behalf of class representative, Justin Gutmann, and millions of rail passengers against the operators of the South Western and Southeastern rail franchises. The claims are the first standalone collective claims to be filed in the UK and allege that the companies’ behaviour constitutes an abuse of their dominant position and a breach of UK and EU competition rules. 

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