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 punitive, and what defenses are available to those found guilty of infringing competition law. However, arguably the biggest choice is how to balance public and private enforcement – because such a decision informs overall competition enforcement, and the design and effectiveness of private competition enforcement.

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