Possible avenues for solution. In chapter 10 of this report – to answer the second question under investigation – we list many possible, and in our view realistic, options for taking away the identified problems and restrictions for tackling small and scattered damage, or at any rate to reduce such problems. In this, no distinction is made between the approach to small and scattered damage caused by violations of consumer law rules and the approach to small and scattered damage caused by violations of competition law rules. There is no reason for such a distinction on the basis of the theoretical survey and the fieldwork. Litigation for the redress of small and scattered damage is generally preceded by attempts to arrive at a settlement with the party causing the damage. For this reason our overview of possible solutions first explores the out-of-court options. However, changes in the possibilities to take court action against small and scattered damage may also affect the likelihood of successful attempts to settle small and scattered damage out of court. After all, litigation with a high chance of success can be deployed by aggrieved parties as a 'last resort' in negotiations aimed at an out-of-court settlement. Lastly, we pay attention to the possibilities for tackling small and scattered damage via the public law route. If the parties involved are unable to effectively redress small and scattered damage themselves under private law, the deployment of public law instruments might be explored. Because a test of the effectiveness of the proposed solutions falls outside of the scope of this study, this list is based on the assumed beneficial effects of the outlined option. Below we present the avenues for solution that we have listed and the beneficial effects they may have on dealing with small and scattered damage. A more specified and detailed presentation can be found in chapter 11. Reduction of costs for aggrieved parties for the treatment of complaints by disputes committees ▪ Costs of acting individually Expansion of number of disputes committees ▪ Costs of acting individually ▪ Duration of procedure in the event of individual action Class actions before disputes committees ▪ Lack of incentive to settle for party causing damage Scrap exclusion of Section 3:305a(3) Dutch Civil Code ▪ Lack of incentive to settle for party causing damage ▪ Duration and costs of proceedings in class action Lowering of court costs ▪ Costs of proceedings for aggrieved parties Amendment of order to pay ...
