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Sousa Ferro, Miguel; Marcos, Francisco - 2022

This chapter analyzes the evolution and current state of antitrust damages litigation in Portugal and Spain. Both countries share the commonality of being novice jurisdictions in dealing with these types of claims. Courts and professionals have shown to be up for the challenges raised in...

Persistent link: https://www.econbiz.de/10014080718

The Disclosure of Evidence under the ‘Antitrust Damages’ Directive 2014/104/EU

Chirita, Anca D. - 2017

The primary aim of this contribution is to reflect on the principles underpinning the disclosure of evidence under the Directive 2014/104/EU (hereinafter: the Directive), namely, the principles of proportionality, effectiveness, equivalence and consistency. Its secondary aim is to review the...

Persistent link: https://www.econbiz.de/10012968963

Transposition of the Antitrust Damages Directive Into Spanish Law

Marcos, Francisco - 2018

This paper analyses the legal measures adopted to implement Directive 2014/104/EU into Spanish law. After briefly looking at the context of private enforcement of competition law in Spain, it examines the process followed for the transposition and the issues discussed before the adoption of the...

Persistent link: https://www.econbiz.de/10012926120

Antitrust Damages' Claims in Spain

Marcos, Francisco - 2021

After briefly describing the institutional and legal framework for antitrust damages claims in Spain, this article surveys the courts’ experience in deciding these actions and shows the rise in cartel follow-on claims in the last five years. Damages claims for antitrust infringements declared...

Persistent link: https://www.econbiz.de/10013251727

Quantification of Antitrust Damages

Maier-Rigaud, Frank P. - 2013

Persistent link: https://www.econbiz.de/10013085822

Antitrust Fines and Managerial Liability

Franck, Jens-Uwe; Seyer, Till - 2023

If an antitrust fine has been imposed on a company, the question of managerial recourse liability arises. We present … court cases from the Netherlands, the UK, and Germany, in part denying managerial liability and claiming that it would … undermine the fines’ deterrent effect. We analyse whether managerial liability should be limited or banned to prevent, on the …

Persistent link: https://www.econbiz.de/10014344596

Why Antitrust Damage Levels Should Be Raised

Lande, Robert H. - 2008

The conventional wisdom is that current antitrust damage levels are too high, lead to overdeterrence, and should be cut back. Although most agree that threefold damages are fine for cartels, the combination of treble damages to direct purchasers and another treble damages to indirect purchasers...

Persistent link: https://www.econbiz.de/10012772132

Rebating Antitrust Fines to Encourage Private Damages Actions

Emons, Winand - 2020

To encourage private actions for damages in antitrust cases some jurisdictions subtract a fraction of the redress from the fine. We analyze the effectiveness of this policy. Such a rebate does not encourage settlement negotiations that would otherwise not occur. If, however, the parties settle...

Persistent link: https://www.econbiz.de/10012842842

Rebating antitrust fines to encourage private damages actions

Emons, Winand; Lenhard, Severin - 2020 - Version: January 2020

Persistent link: https://www.econbiz.de/10012159842

Should the EU Competition Damages Directive Be Revised to Grant Companies that Have Received Immunity from Fines under the Competition Authorities’ Leniency Programmes also Immunity from Damages?

Wils, Wouter P. J. - 2023

Following various proposals in the academic literature, and in the light of the observed decrease in the number of leniency applications received by European competition authorities in the period 2015 – 2020, the German Monopolies Commission (Monopolkommission) proposed in 2022 to amend the...

Persistent link: https://www.econbiz.de/10014347452