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Private Damages and Class Actions Around the World

By  |  January 20, 2016

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    In this issue:

    Some of our most highly read articles early last year were on the subjects of class actions and private damages. New legislations were passed in Europe, Australia or United Kingdom ever since to empower consumers to claim full restitution for the damages suffered from antitrust violations. We thought it would be a valuable idea to take a look at the topic now and find out if these legislations were as effective as were supposed to be and if the new ones contain the necessary elements to unfold its true power.

    Private Damages and Class Actions Around the World

    Dean Hansell and William L. Monts III, Jan 18, 2016

    The Changing Landscape in U.S. Antitrust Class Actions

    No longer are antitrust damages class actions routinely certified with little factual inquiry, forcing defendants into settlements of po- tentially marginal claims. Dean Hansell & William L. Monts III (Hogan Lovells)

    Sebastian Peyer, Jan 18, 2016

    Consumer compensation and private antitrust enforcement in the U.K. – setting a trend for Europe?

    In 2015, the U.K. government introduced opt-out group actions for claims based on breaches of competition law. Sebastian Peyer

    From Competition Policy International on Vimeo, Jan 18, 2016

    Interview with Prof. Frederic Jenny

    Interview Transcript

    Rebecca Gilsenan and Marcus Bezzi, Jan 18, 2016

    Balancing public and private enforcement – an Australian perspective

    The lack of compensation flowing to the vic- tims of cartel conduct in Australia is a matter of significant concern to those victims but it is also a matter of some concern in terms of how effectively cartel conduct can be deterred. Rebecca Gilsenan & Marcus Bezzi

    Pete Levitas, Farrell Malone, Jul 24, 2015

    Private Damages and Class Action in India

    Indian companies face enormous challenges to effectively apply and obtain restitution for damages from antirust violations. Pranav Mehra & Ritam Arora

    Ana Paula Martinez & Mariana Tavares de Araujo, Jan 18, 2016

    Private Damages in Brazil: Early Beginnings, Big Stumbling Blocks

    Private antitrust enforcement in Brazil has been on the rise over the past six years. Ana Paula Martinez & Mariana Tavares de Araujo

    Miguel Flores & Abel Rivera, Jan 18, 2016

    Antitrust Damages Claims: is Mexico in The Right Path?

    Never in the history of Mexico has an individual antitrust damages claim been successful. However, in May 2014, the new Federal Law on Economic Competition (FLEC) provided clearer criteria for when and how a claim of antitrust damages may be carried, this brings new hope in the system. Miguel Flores & Abel Rivera

    Pontus Lindfelt & Sophie Sahlin, Jul 18, 2016

    Private Damages and Collective Redress in the EU — where do we stand a year after the introduction of the EU Damages Directive?

    The EU Member States now have a bit less than a year left to implement the Damages Directive. Pontus Lindfelt and Sophie Sahlin

    Nicolás Lewin & Francisco Borquez, Jul 18, 2016

    The development of private enforcement regarding damages actions in Chile

    The Chilean damages actions originated in competition infractions are emerging in Chile. Nicolás Lewin and Francisco Borquez