Private enforcement is a hot topic these days—while the Commission has been mulling over general legislation, Great Britain recently took several steps towards encouraging more class actions. To bring everyone up to date, we not only look at what Great Britain did—and did not—accomplish but have also canvassed some of the rest of the world, especially those countries with developing competition regimes, as to their approach. Caution seems to be the operative world, but there are numerous baby steps being taken.
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Private Enforcement Takes a Step Forward
Towards a Class Action Regime for Competition Litigation in the United Kingdom.: An Assessment of the Government’s Proposals
Two issues which will be critical to the success or failure of the reform: the proposed certification rules and the funding of such actions. Christopher Brown (Matrix Chambers) & Scott Campbell (Stewarts Law)
Competition Litigation in the United Kingdom: What Lies Ahead?
The proposals as they currently stand are still at a very general level. Renato Nazzini (King’s College, London)
Comparing the U.S. Class Action Mechanism and Proposed U.K. System: Which Strikes the Right Balance Between Safeguards and Justice?
The critical question going forward will be whether the safeguards that are ultimately instituted will be sufficient to deter unmeritorious claims, while not being so cumbersome as to also deter meritorious claims. Sharon Robertson (Cohen Milstein)
Private Antitrust Actions in Japan
Some conducts which are regarded as private monopolization can be subject to injunctive relief as unfair business practices. Mitsuo Matsushita (Nagashima Ohno & Tsunematsu) & Kazunori Furuya (Furuya Law Office)
Private Antitrust Litigation in China The Burden of Proof and Its Challenges
We do not share the views that based on the statistics on judgments thus far the burden of proof in private antitrust cases is insurmountable in China. Adrian Emch and Jonathan Liang (Hogan Lovells)
Trade Associations and Private Antitrust Litigation in China
The limited number of antitrust cases in which a trade association was sued for civil damages sheds important lights on how the courts have tackled ambiguities in the law. Hao Qian (China University of Political Science and Law)
Private Antitrust Enforcement in Brazil: New Perspectives and Interplay with Leniency
A significant percentage of private actions are based on horizontal conduct in Brazil. Mariana Tavares de Araujo & Ana Paula Martinez (Levy & Salomo Advogados)
Private Competition Actions for Damages Under Mexican Law
The upcoming amendments to the entire framework of competition law in Mexico will make damage relief and private actions an issue for discussion. Omar Guerrero RodrÃguez & Alan RamÃrez Casazza (Barrera, Siqueiros y Torres Landa, S.C)
