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  • 1.

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

  • 2.

    Applicable legislation
    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.

    Required nexus
    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.

    Third-party funding
    May litigation be funded by third parties? Are contingency fees available?

  • 8.

    Jury trials
    Are jury trials available?

  • 9.

    Discovery procedures
    What pretrial discovery procedures are available?

  • 10.

    Admissible evidence
    What evidence is admissible?

  • 11.

    Legal privilege protection
    What evidence is protected by legal privilege?

  • 12.

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

  • 13.

    Utilising of criminal evidence
    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.

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

  • 15.

    Standard of proof
    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.

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

  • 17.

    Limitation periods
    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.

    Applicable legislation
    Are collective proceedings mandated by legislation?

  • 21.

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

  • 22.

    Certification process
    Have courts certified collective proceedings in antitrust matters?

  • 23.

    Opting in/out
    Can plaintiffs opt out or opt in?

  • 24.

    Judicial authorisation
    Do collective settlements require judicial authorisation?

  • 25.

    National collective proceedings
    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.

    Collective-proceeding bar
    Has a plaintiffs’ collective-proceeding bar developed?

  • 27.

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

  • 28.

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

  • 29.

    Punitive damages
    Are punitive or exemplary damages available?

  • 30.

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

  • 31.

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

  • 32.

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

  • 33.

    Joint and several liability
    Is liability imposed on a joint and several basis?

  • 34.

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

  • 35.

    Passing on
    Is the ‘passing on’ defence allowed?

  • 36.

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

  • 37.

    Alternative dispute resolution
    Is alternative dispute resolution available?

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Gómez-Acebo & Pombo is an international law firm with offices in Barcelona, Bilbao, Brussels, Lisbon, London, Madrid, New York, Valencia and Vigo. Our 67 partners and 240 lawyers provide legal advice in Spanish, Portuguese and European Union Law.

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