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1.
How would you summarise the development of private antitrust litigation in your jurisdiction?
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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?
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3.
If based on statute, what is the relevant legislation and which are the relevant courts and tribunals?
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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?
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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?
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6.
Can private actions be brought against both corporations and individuals, including those from other jurisdictions?
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7.
May litigation be funded by third parties? Are contingency fees available?
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8.
Are jury trials available?
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9.
What pretrial discovery procedures are available?
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10.
What evidence is admissible?
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11.
What evidence is protected by legal privilege?
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12.
Are private actions available where there has been a criminal conviction in respect of the same matter?
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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?
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14.
In which circumstances can a defendant petition the court for a stay of proceedings in a private antitrust action?
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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?
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16.
What is the typical timetable for collective and single party proceedings? Is it possible to accelerate proceedings?
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17.
What are the relevant limitation periods?
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18.
What appeals are available? Is appeal available on the facts or on the law?
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19.
Are collective proceedings available in respect of antitrust claims?
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20.
Are collective proceedings mandated by legislation?
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21.
If collective proceedings are allowed, is there a certification process? What is the test?
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22.
Have courts certified collective proceedings in antitrust matters?
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23.
Can plaintiffs opt out or opt in?
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24.
Do collective settlements require judicial authorisation?
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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?
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26.
Has a plaintiffs’ collective-proceeding bar developed?
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27.
What forms of compensation are available and on what basis are they allowed?
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28.
What other forms of remedy are available? What must a claimant prove to obtain an interim remedy?
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29.
Are punitive or exemplary damages available?
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30.
Is there provision for interest on damages awards and from when does it accrue?
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31.
Are the fines imposed by competition authorities taken into account when setting damages?
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32.
Who bears the legal costs? Can legal costs be recovered, and if so, on what basis?
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33.
Is liability imposed on a joint and several basis?
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34.
Is there a possibility for contribution and indemnity among defendants? How must such claims be asserted?
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35.
Is the ‘passing on’ defence allowed?
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36.
Do any other defences exist that permit companies or individuals to defend themselves against competition law liability?
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37.
Is alternative dispute resolution available?
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Updates and trends
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