Antitrust Chronicle – Private Enforcement

Antitrust Chronicle – Private Enforcement

Dear Readers, The first CPI Antitrust Chronicle for February 2019 looks at the issue of private enforcement of antitrust laws from the view point of different jurisdictions. As opposed to public enforcement of competition laws, private enforcement, according to the OECD, can be defined generally as “litigation initiated by an individual, a legal entity, an […]

In Praise of Private Antitrust Litigation

In Praise of Private Antitrust Litigation

By Spencer Weber Waller –  This essay applies the teachings of Alexandra Lahav’s terrific new book In Praise of Litigation to the antitrust world. I argue that private antitrust litigation has been improperly devalued and denigrated by the agencies and court. I praise private antitrust litigation as a critical co-branch of antitrust law and policy […]

Identifying The Building Blocks of Private Competition Enforcement

Identifying The Building Blocks of Private Competition Enforcement

By Pedro Caro de Sousa –  While each jurisdiction has its own approach to private competition enforcement, one can identify a number of common building blocks to every effective private enforcement regime. Within this common framework, however, jurisdictions make a number of significant choices, such as who can claim damages, whether damages are compensatory or […]

Discovering New Spheres of Antitrust Damages Quantification: The European Commission, National Courts, and Guidelines on Passing-On

Discovering New Spheres of Antitrust Damages Quantification: The European Commission, National Courts, and Guidelines on Passing-On

By Hans-Petter H. Hanson & Johannes Holzwarth –  Private enforcement of EU competition law is picking up but still a relatively new phenomenon. When developing private enforcement, the EU lawmakers could benefit from experiences in other jurisdictions, such as the United States. However, in relation to awarding damages for antitrust infringements, the European path seems […]

“Welcome To The Hotel California”:The Beast of Algorithmic Pricing

“Welcome To The Hotel California”:The Beast of Algorithmic Pricing

By Jay L. Himes & Tianran Song –  The emergence of the internet and technological invocation has nurtured development of dynamic pricing algorithms, capable of monitoring market activity and of setting product prices. Efficiency in pricing, eventually reaching equilibrium where supply and demand meet, is the holy grail of economics. But what if implementation practicalities […]

Competition Damages Proceedings in Germany – The New Rules on Disclosure

Competition Damages Proceedings in Germany – The New Rules on Disclosure

By Dr. Tilman Makatsch & Babette Kacholdt –  The rules governing cartel damages claims in Germany have been amended and now include a disclosure-regime. This new regime provides the possibility for a party to cartel damages proceedings to request disclosure of evidence and information from the respective other party to the cartel damages proceedings and […]

Private Enforcement of U.S. Antitrust Law — A Comment on the U.S. Courts Data

Private Enforcement of U.S. Antitrust Law — A Comment on the U.S. Courts Data

By Daniel A. Crane –  This essay surveys longitudinal data on private antitrust enforcement collected by the Administrative Offices of the U.S. Courts. These data suggest that the incidence of private antitrust enforcement in the United States has been relatively stable since the mid-1980s, with aggregate annual new filings typically in the range of 600-900. […]

Transposition of the Antitrust Damages Directive: Critical Observations

Transposition of the Antitrust Damages Directive: Critical Observations

By Barry Rodger, Miguel Sousa Ferro & Francisco Marcos –  This article concerns the developing area of private enforcement of EU competition law, providing an analysis of the transposition across a broad selection of Member States (“MS”) of a major EU Directive introduced with the aim of harmonizing and facilitating competition law damages actions across […]

Balancing Effective Public Enforcement Against the Needs of Access to Justice: Current Debates on the Access to NCA-Held Evidence in the Course of Civil Proceedings

Balancing Effective Public Enforcement Against the Needs of Access to Justice: Current Debates on the Access to NCA-Held Evidence in the Course of Civil Proceedings

By Arianna Andreangeli –  This paper will consider whether the current approach to the secrecy of leniency documents enshrined in the 2014 EU Antitrust Damages Directive strikes an appropriate balance between maintaining the effectiveness of public enforcement and securing the right of access to justice for antitrust victims. It will argue that having a total […]