You are currently accessing Global Competition Review via your firmwide account.
If you would like to login via a personal account, please use the link below. Log in
Select specific questions to filter on. Alternatively select no questions and select jurisdictions above to see all question answers for them.
What is your country’s primary competition authority?
Does your competition authority have investigatory power? Can it bring criminal proceedings based on competition violations?
Can private antitrust claims proceed parallel to investigations and proceedings brought by competition authorities and criminal prosecutors and appeals from them?
Is there any mechanism for staying a stand-alone private claim while a related public investigation or proceeding (or an appeal) is pending?
Are the findings of competition authorities and court decisions binding or persuasive in follow-on private antitrust cases? Do they have an evidentiary value or create a rebuttable presumption that the competition laws were violated? Are foreign enforcers’ decisions taken into account? Can decisions by sector-specific regulators be used by private claimants?
Do immunity or leniency applicants in competition investigations receive any beneficial treatment in follow-on private antitrust cases?
Can plaintiffs obtain access to competition authority or prosecutors’ files or the documents the authorities collected during their investigations? How accessible is information prepared for or during public proceedings by the authority or commissioned by third parties?
Is information submitted by leniency applicants shielded from subsequent disclosure to private claimants?
Is information submitted in a cartel settlement protected from disclosure?
How is confidential information or commercially sensitive information submitted by third parties in an investigation treated in private antitrust damages claims?
On what grounds does a private antitrust cause of action arise?
What forms of monetary relief may private claimants seek?
What forms of non-monetary relief may private claimants seek?
Who has standing to bring claims?
In what fora can private antitrust claims be brought in your country?
What are the jurisdictional rules? If more than one forum has jurisdiction, what is the process for determining where the claims are heard?
Can claims be brought based on foreign law? If so how does the court determine what law applies to the claim?
Give details of any preliminary requirement for starting a claim. Must plaintiffs post security or pay a filing fee? How is service of claim affected?
What is the limitation period for private antitrust claims?
Are those time limits procedural or part of the substantive law? What is the effect of their expiry?
When does the limitation period start to run?
What, if anything, can suspend the running of the limitation period?
What pleading standards must the plaintiff meet to start a stand-alone or follow-on claim?
What must plaintiffs show for the court to grant interim relief?
What options does the defendant have in responding to the claims and seeking early resolution of the case (eg, answer, counterclaim, motion to dismiss, summary judgment)?
What types of disclosure/discovery are available? Describe any limitations.
How do the courts treat confidential information that might be required to be disclosed or that is responsive to a discovery proceeding? Is such information treated differently for trial?
What protection, if any, do your courts grant attorney–client communications or attorney materials? Are any other forms of privilege recognised?
Describe the trial process.
How is evidence given or admitted at trial?
Are experts used in private antitrust litigation in your country? If so, what types of experts, how are they used, and by whom are they chosen or appointed?
What must private claimants prove to obtain a final judgment in their favour?
Are there any defences unique to private antitrust litigation (eg, Noerr-Pennington defence, passing-on defence)? If so, which party bears the burden of proving these defences?
How long do private antitrust cases usually last (not counting appeals)?
Who is the decision-maker at trial?
What is the evidentiary burden on plaintiffs to quantify the damages?
How are damages calculated?
Does your country recognise joint and several liabilities for private antitrust claims?
Can a defendant seek contribution or indemnity from other defendants, including leniency applicants, or third parties? Does the law make a clear distinction between contribution and indemnity in antitrust cases?
Can prevailing parties recover attorneys’ fees and court costs? How are costs calculated?
Are there circumstances where a party’s liability to pay costs or ability to recover costs may be limited?
May attorneys act for claimants on a contingency or conditional fee basis? How are such fees calculated?
Is litigation funding lawful in your country? May plaintiffs sell their claims to third parties?
May defendants insure themselves against the risk of private antitrust claims? Is after-the-event insurance available for antitrust claims?
Is there a right to appeal or is permission required?
Who hears appeals? Is further appeal possible?
What are the grounds for appeal against a decision of a private enforcement action?
Does your country have a collective, representative or class action process in private antitrust cases?
Who can bring these claims? Can consumer associations bring claims on behalf of consumers? Can trade or professional associations bring claims on behalf of their members?
What is the standard for establishing a class or group?
Are there any other threshold criteria that have to be met?
How are damages or settlements distributed?
Describe the process for settling these claims, including how damages or settlement amounts are apportioned.
Does your country recognise any form of collective settlement in the absence of such claims being made? If so, how are such settlements given force and can such arrangements cover parties from outside the jurisdiction?
Can a competition authority impose mandatory redress schemes or allow voluntary redress schemes?
Are private antitrust disputes arbitrable under the laws of your country?
Will courts generally enforce an agreement to arbitrate an antitrust dispute? What are the exceptions?
Will courts compel or recommend mediation or other forms of alternative dispute resolution before proceeding with a trial? What role do courts have in ADR procedures?
Describe any notable attempts by policymakers to increase knowledge of private competition law and to facilitate the pursuit of private antitrust claims?
Give details of any notable features of your country’s private antitrust enforcement regime not covered above.
Interested in contributing to this Know-how?
E-mail our Co-Publishing Manager
Copyright © Law Business Research
Company Number: 03281866 VAT: GB 160 7529 10