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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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Clifford Chance was formed in 1987 and is one of the largest law firms in the world with real breadth and depth of expertise across Europe, Asia Pacific, the Americas and the Middle East.

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