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The Binding Nature of NCA Decisions in Antitrust Follow-on Litigation: Is EU Antitrust Calling For Affirmative Action?

BY | August 12, 2013

Stefano Grassani, Aug 12, 2013 The European Commission believes that-given the procedural asymmetries between plaintiffs and defendants-public enforcement of antitrust law by national competition authorities may have a significant impact…

Stefano Grassani, Aug 12, 2013

The European Commission believes that-given the procedural asymmetries between plaintiffs and defendants-public enforcement of antitrust law by national competition authorities may have a significant impact on the actual possibility of claimants to successfully bring forward private lawsuits. Further, the absence of a clear probative value of NCAs’ decisions in such follow-on cases today is deemed to represent one of the obstacles to an effective system of an

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