The Impact of the Damages Directive
Edited by Pier L. Parcu, Giorgio Monti and Marco Botta
Chapter 2: Practical challenges for cross-border follow-on actions
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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