Belgium, Brazil, China, England, France, Germany, Hungary, Iceland, Ireland, Italy, Lithuania, Malaysia, Malta, Portugal, Russian Federation, Scotland, South Korea, Spain, The Netherlands, Turkey, USA, Wales
China, England, France, Germany, Hungary, Iceland, Ireland, Italy, Lithuania, Malaysia, Malta, Portugal, Russian Federation, Scotland, South Korea, Spain, The Netherlands, Turkey, USA, Wales
Search the Country Q&A in the Private Antitrust Litigation Global Guide by question and jurisdiction.
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Step 3: Scroll down to view answers and check law stated dates for each jurisdiction.
Legal basis for bringing private antitrust litigation actions
Can stand-alone and/or follow-on actions be brought in the context of private antitrust litigation? If so, what is the legal basis for bringing such actions?
Parties to an action
What must be demonstrated to commence an action?
Is it possible to bring actions on behalf of multiple claimants (for example, collective actions)?
On what basis will a court or tribunal assume jurisdiction with respect to a claim?
Can actions be brought against individuals (such as directors of corporate entities), whether domiciled within, or outside of, the jurisdiction?
Limitation periods and forum
What are the relevant limitation periods for stand-alone and/or follow-on actions? When do these start to run? Can these be extended?
Where can an action be commenced? Are there specific courts or tribunals before which stand-alone and/or follow-on actions may be brought?
Where actions can be brought before different courts and tribunals, what are the comparative advantages and disadvantages of bringing actions in each forum?
Standard of proof and liability
What is the standard of proof?
Is liability on a joint and several basis?
Costs and timing
What are the recent trends in relation to the costs of bringing an action before the relevant courts/ tribunals?
What is the applicable principle regarding the apportionment of the costs of the action? Is there a "loser pays" approach to costs?
Can parties insure against costs risk associated with an action?
Can a third party fund the costs of bringing an action?
Can claimants assign their claim to a third party funder?
Can parties engage legal representation under either a "conditional" fee arrangement, or a "damages-based" fee arrangement?
Is it possible for a defendant to a claim to bring an application for security for costs?
What is the current trend, if any, regarding the period of time from commencing an action to a subsequent first instance judgment by a competent body?
Pre-trial applications and hearings
Where statements of case are lodged with the relevant court or tribunal, can third parties seek to obtain copies?
Can a claimant seek interim measures?
Can a defendant seek to dispose of all or part of the action prior to a full trial?
Can a defendant seek to stay an action (for example, pending the outcome of an investigation by a competent competition authority, or an appeal)?
Can a party seek to have a specific issue (such as, limitation) tried as a preliminary issue in advance of a full trial?
Evidence and legal privilege
Are existing findings of fact and/or infringement in a decision or judgment of a competent authority or body binding in the context of an action?
What is the evidential status of findings of fact and/or infringement in a decision or judgment of a body in a third country?
If discovery is available, what is the general procedure for discovery, and what documents would need to be disclosed?
Can a party oppose the provision of any documents not in their possession or control?
Can parties rely on legal privilege to withhold documents from inspection?
Alternative dispute resolution
Can the parties seek to resolve the action through alternative dispute resolution?
Settlement or discontinuance of an action
What are the tactical advantages and disadvantages associated with making an offer of settlement?
Is permission required from the relevant court or tribunal to settle any action prior to or during trial?
Proceedings at trial
Are actions heard by a jury?
How is confidential information protected during the course of proceedings?
What evidence is admissible?
Is a "passing-on" defence available?
Are any other defences available?
Are damages available, and if so, on what basis are damages awarded?
How are damages quantified?
Are any other remedies available?
Is it possible to appeal the judgment of the relevant court or tribunal?
Are there any reforms proposed or due regarding the legal regime applicable to private antitrust actions?
Arbitration (All jurisdictions), Competition, PLC Cross-border, PLC EU, PLC EU Competition Law, PLC UK Dispute Resolution, PLC UK Finance, PLC UK Law Department, PLC UK Public Sector, PLC US Antitrust, PLC US Law Department, PLC US Litigation, Private Antitrust Litigation Global Guide