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1.
Development of antitrust litigation
How would you summarise the development of private antitrust litigation in your jurisdiction?To read more
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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?To read more
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3.
If based on statute, what is the relevant legislation and which are the relevant courts and tribunals?To read more
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4.
Availability
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?To read more
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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?To read more
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6.
Restrictions
Can private actions be brought against both corporations and individuals, including those from other jurisdictions?To read more
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7.
Third-party funding
May litigation be funded by third parties? Are contingency fees available?To read more
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8.
Jury trials
Are jury trials available?To read more
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9.
Discovery procedures
What pretrial discovery procedures are available?To read more
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10.
Admissible evidence
What evidence is admissible?To read more
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11.
Legal privilege protection
What evidence is protected by legal privilege?To read more
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12.
Criminal conviction
Are private actions available where there has been a criminal conviction in respect of the same matter?To read more
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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?To read more
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14.
Stay of proceedings
In which circumstances can a defendant petition the court for a stay of proceedings in a private antitrust action?To read more
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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?To read more
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16.
Time frame
What is the typical timetable for collective and single party proceedings? Is it possible to accelerate proceedings?To read more
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17.
Limitation periods
What are the relevant limitation periods?To read more
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18.
Appeals
What appeals are available? Is appeal available on the facts or on the law?To read more
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19.
Availability
Are collective proceedings available in respect of antitrust claims?To read more
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20.
Applicable legislation
Are collective proceedings mandated by legislation?To read more
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21.
If collective proceedings are allowed, is there a certification process? What is the test?To read more
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22.
Certification process
Have courts certified collective proceedings in antitrust matters?To read more
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23.
Opting in/out
Can plaintiffs opt out or opt in?To read more
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24.
Judicial authorisation
Do collective settlements require judicial authorisation?To read more
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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?To read more
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26.
Collective-proceeding bar
Has a plaintiffs’ collective-proceeding bar developed?To read more
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27.
Compensation
What forms of compensation are available and on what basis are they allowed?To read more
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28.
Other remedies
What other forms of remedy are available? What must a claimant prove to obtain an interim remedy?To read more
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29.
Punitive damages
Are punitive or exemplary damages available?To read more
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30.
Interest
Is there provision for interest on damages awards and from when does it accrue?To read more
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31.
Consideration of fines
Are the fines imposed by competition authorities taken into account when setting damages?To read more
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32.
Legal costs
Who bears the legal costs? Can legal costs be recovered, and if so, on what basis?To read more
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33.
Joint and several liability
Is liability imposed on a joint and several basis?To read more
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34.
Contribution and indemnity
Is there a possibility for contribution and indemnity among defendants? How must such claims be asserted?To read more
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35.
Passing on
Is the ‘passing on’ defence allowed?To read more
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36.
Other defences
Do any other defences exist that permit companies or individuals to defend themselves against competition law liability?To read more
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37.
Alternative dispute resolution
Is alternative dispute resolution available?To read more
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Updates and trends
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