Leave it to the experts: A comparative analysis of competition-expert lay judges in private enforcement of competition law

Abstract

This paper focuses on the procedural instrument of ‘competition-expert’ lay judges to ease damages calculations and private actions for damages for the violation of competition law in general. To this end, the paper analyses various forms of ‘expert’ lay participation that already exist in Europe. It concentrates, in particular, on commercial and intellectual property proceedings, but also delves into the few existing examples of competition-expert lay judges for private enforcement of competition law. It assesses their transferability for competition damages proceedings and attempts to test EU and national competition as well as procedural law boundaries more generally. The paper considers common grounds, advantages and disadvantages, as well as best practices in this context. It concludes with early proposals for including competition-expert lay judges in private enforcement of competition law.