By Dean Hansell and William L. Monts III No longer are antitrust damages class actions routinely certified with little factual inquiry, forcing defendants into settlements of potentially marginal claims. Rather, the courts focus extensively now on whether named plaintiffs can prove injury to class members on the entire class before permitting cases to proceed on […]
By Sebastian Peyer In 2015, the U.K. government introduced opt-out group actions for claims based on breaches of competition law. The Consumer Rights Act 2015 sets out the details of the new class action regime and also introduces the opportunity for undertakings to set up a voluntary consumer redress scheme. These legal innovations in one […]
Competition Policy International presents Interview with Prof. Frederic Jenny Interview with Prof. Frederic Jenny from Competition Policy International on Vimeo. Interview Transcript Who is best placed to grant damages in competition cases, regular courts or specialised courts? FJ: I’m not sure I’d put it in those terms. It seems clear that courts in general […]
By Rebecca Gilsenan and Marcus Bezzi The lack of compensation flowing to the victims of cartel conduct in Australia is a matter of significant concern to those victims but it is also a matter of some concern in terms of how effectively cartel conduct can be deterred. The Harper Committee Recommendations on private actions, accepted […]
By Pranav Mehra and Ritam Arora Indian companies face enormous challenges to effectively apply and obtain restitution for damages from antitrust violations. In addition to the common problems that other jurisdictions share such as access to documents or quantification of the damage, institutional and jurisdictional controversies may jeopardize claimants’ efforts to obtain compensation.
By Ana Paula Martinez & Mariana Tavares de Araujo Private antitrust enforcement in Brazil has been on the rise over the past six years. This may be due to such reasons as the global trend of antitrust authorities encouraging damage litigation by potential injured parties; the growing number of infringement decisions issued by Brazil’s antitrust agency, […]
By Miguel Flores & Abel Rivera Never in the history of Mexico has an individual antitrust damages claim been successful. However, in May 2014, the new Federal Law on Economic Competition (FLEC) provided clearer criteria for when and how a claim of antitrust damages may be carried, this brings new hope in the system. Nonetheless, to […]
Private Damages and Collective Redress in the EU — where do we stand a year after the introduction of the EU Damages Directive?
By Pontus Lindfelt & Sophie Sahlin The EU Member States now have a bit less than a year left to implement the Damages Directive. In some jurisdictions, the implementation of the Directive will require significant amendments to the current regimes. For instance, the presumption that a cartel infringement causes harm is a novelty in many […]
By Nicolás Lewin and Francisco Borquez The Chilean damages actions originated in competition infractions are emerging in Chile. Yet, there are some amendments and corrections that are needed for the perfection of the system. For instance, those related to the passing on defense and indirect purchasers.