Private Enforcement of EU Competition Law
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Private Enforcement of EU Competition Law

The Impact of the Damages Directive

Edited by Pier L. Parcu, Giorgio Monti and Marco Botta

During the past decade, private enforcement of competition law has slowly taken off in Europe. However, major differences still exist among Member States. By harmonizing a number of procedural rules, the Damages Directive aimed to establish a level playing field among EU Member States. This timely book represents the first assessment of the implementation of the Damages Directive. Offering a comparative perspective, key chapters provide an up-to-date account of the emerging trends in private enforcement of competition law in Europe.
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Chapter 2: Practical challenges for cross-border follow-on actions

Till Schreiber, Carsten Krüger and Pádraic Burke

Abstract

The chapter deals with the practical challenges that victims of anticompetitive practices typically face in cross-border follow-on damage actions. Most antitrust damage actions in Europe are so called follow-on actions, which ‘follow’ from antitrust infringements established by the European Commission or National Competition Authorities. Despite the availability of an administrative decision, victims of antitrust infringements face a number of practical challenges. The chapter analyses the typical challenges that plaintiffs face in cross-border follow-on actions, such as quantification of the damage and passing-on effect, calculation of the interest rate, access to evidence, choice of the forum and applicable law, and challenges in settlements class actions.

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