Private Enforcement and the Deterrent Effect of Private Actions: An Overview

The purely compensatory foundation of damages liability in civil law countries is undergoing a process of reassessment from multiple angles. By tradition a subject for comparative legal analysts only, that of punitive civil sanctions has become a topic which an ever-growing number of civil legal scholars are now inclined to study, with the aim of testing the feasibility of innovative methods of remedial intervention in private litigation, capable of keeping pace with the relatively new instances brought in by a dynamic society. This essay aims to unveil the most evident weaknesses of the 'purely compensatory damages' model, focusing on large-scale torts from an international private law perspective. Moreover, it tackles the issue of illicit profit-making, highlighting the need for implementation of effective deterrent remedies in light of the heavy threats to free competition.