Private Litigation Guide

Private Litigation Guide

Pages: 497

ISBN: 978-1-83862-216-9



  • £250.00

Private competition litigation has spread across the globe, raising specific, complex questions in each jurisdiction. The implementation of the EU Damages Directive in the Member States has furthered the ability of victims of anticompetitive conduct to seek compensation, even as US courts tighten the standards for forming a class action.

The Private Litigation Guide – published by Global Competition Review – includes a section exploring in depth the key themes such as territoriality, causation and proof of damages, that are common to competition litigation around the world. Part 2 contains invaluable summaries of how competition litigation operates in individual jurisdictions, in an accessible question-and-answer manner. Beyond the established sites such as the US, Canada, Germany, the Netherlands and the UK, experts lay out the scene for competition litigation in countries such as China, Mexico and Israel.

As the editors of this publication note, ‘litigating antitrust or competition claims has become a global matter, requiring coordination among jurisdictions, and requiring counsel and clients to understand the rules and procedures in many different countries and how the approaches of courts differ as to key issues.’

Contents:

  • Introduction

Part I: Key Issues and Overviews

  • Competition Cases, Territoriality and Jurisdiction
  • Territorial Considerations: the US Perspective
  • Territorial Considerations: the EU Perspective
  • Collective or Class Actions and Claims Aggregation in the United States
  • Collective or Class Actions and Claims Aggregation in the EU: the Claimant’s Perspective
  • Collective or Class Actions and Claims Aggregation in the EU: the Defendant’s Perspective
  • Collective or Class Actions and Claims Aggregation in Germany
  • Collective or Class Actions and Claims Aggregation in the Netherlands
  • Collective or Class Actions and Claims Aggregation in Spain
  • Collective or Class Actions and Claims Aggregation in the United Kingdom
  • The Role of US State Antitrust Enforcement
  • Causation and Remoteness: the US Perspective
  • Causation and Remoteness: the EU Perspective
  • Proving the Fix: Damages
  • Picking up the Tab: Funding and Costs from the Claimant’s Perspective
  • US Monopolisation Cases
  • Brazil Overview
  • Canada Overview
  • China Overview
  • Japan Overview
  • Mexico Overview

Part II: Comparison Across Jurisdictions

  • Austria Q&A
  • China Q&A
  • England and Wales Q&A
  • France Q&A
  • Germany Q&A
  • Israel Q&A
  • Mexico Q&A
  • Netherlands Q&A
  • Portugal Q&A
  • Romania Q&A
  • Spain Q&A
  • Sweden Q&A
  • United States Q&A

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