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  • 1.

    How would you summarise the development of private antitrust litigation in your jurisdiction?

  • 2.

    Are private antitrust actions mandated by statute? If not, on what basis are they possible? Is standing to bring a claim limited to those directly affected or may indirect purchasers bring claims?

  • 3.

    If based on statute, what is the relevant legislation and which are the relevant courts and tribunals?

  • 4.

    In what types of antitrust matters are private actions available? Is a finding of infringement by a competition authority required to initiate a private antitrust action in your jurisdiction? What is the effect of a finding of infringement by a competition authority on national courts?

  • 5.

    What nexus with the jurisdiction is required to found a private action? To what extent can the parties influence in which jurisdiction a claim will be heard?

  • 6.

    Can private actions be brought against both corporations and individuals, including those from other jurisdictions?

  • 7.

    May litigation be funded by third parties? Are contingency fees available?

  • 8.

    Are jury trials available?

  • 9.

    What pretrial discovery procedures are available?

  • 10.

    What evidence is admissible?

  • 11.

    What evidence is protected by legal privilege?

  • 12.

    Are private actions available where there has been a criminal conviction in respect of the same matter?

  • 13.

    Can the evidence or findings in criminal proceedings be relied on by plaintiffs in parallel private actions? Are leniency applicants protected from follow-on litigation? Do the competition authorities routinely disclose documents obtained in their investigations to private claimants?

  • 14.

    In which circumstances can a defendant petition the court for a stay of proceedings in a private antitrust action?

  • 15.

    What is the applicable standard of proof for claimants? Is passing on a matter for the claimant or defendant to prove? What is the applicable standard of proof?

  • 16.

    What is the typical timetable for collective and single party proceedings? Is it possible to accelerate proceedings?

  • 17.

    What are the relevant limitation periods?

  • 18.

    What appeals are available? Is appeal available on the facts or on the law?

  • 19.

    Are collective proceedings available in respect of antitrust claims?

  • 20.

    Are collective proceedings mandated by legislation?

  • 21.

    If collective proceedings are allowed, is there a certification process? What is the test?

  • 22.

    Have courts certified collective proceedings in antitrust matters?

  • 23.

    Can plaintiffs opt out or opt in?

  • 24.

    Do collective settlements require judicial authorisation?

  • 25.

    If the country is divided into multiple jurisdictions, is a national collective proceeding possible? Can private actions be brought simultaneously in respect of the same matter in more than one jurisdiction?

  • 26.

    Has a plaintiffs’ collective-proceeding bar developed?

  • 27.

    What forms of compensation are available and on what basis are they allowed?

  • 28.

    What other forms of remedy are available? What must a claimant prove to obtain an interim remedy?

  • 29.

    Are punitive or exemplary damages available?

  • 30.

    Is there provision for interest on damages awards and from when does it accrue?

  • 31.

    Are the fines imposed by competition authorities taken into account when setting damages?

  • 32.

    Who bears the legal costs? Can legal costs be recovered, and if so, on what basis?

  • 33.

    Is liability imposed on a joint and several basis?

  • 34.

    Is there a possibility for contribution and indemnity among defendants? How must such claims be asserted?

  • 35.

    Is the ‘passing on’ defence allowed?

  • 36.

    Do any other defences exist that permit companies or individuals to defend themselves against competition law liability?

  • 37.

    Is alternative dispute resolution available?

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