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Schreiber, Till; Krüger, Carsten; Burke, Pádraic --- "Practical challenges for cross-border follow-on actions" [2018] ELECD 746; in Parcu, L. Pier; Monti, Giorgio; Botta, Marco (eds), "Private Enforcement of EU Competition Law" (Edward Elgar Publishing, 2018) 15

Book Title: Private Enforcement of EU Competition Law

Editor(s): Parcu, L. Pier; Monti, Giorgio; Botta, Marco

Publisher: Edward Elgar Publishing

ISBN: 9781786438805

Section: Chapter 2

Section Title: Practical challenges for cross-border follow-on actions

Author(s): Schreiber, Till; Krüger, Carsten; Burke, Pádraic

Number of pages: 27

Abstract/Description:

The chapter deals with the practical challenges that victims of anticompetitive practices typically face in cross-border follow-on damage actions. Most antitrust damage actions in Europe are so called follow-on actions, which ‘follow’ from antitrust infringements established by the European Commission or National Competition Authorities. Despite the availability of an administrative decision, victims of antitrust infringements face a number of practical challenges. The chapter analyses the typical challenges that plaintiffs face in cross-border follow-on actions, such as quantification of the damage and passing-on effect, calculation of the interest rate, access to evidence, choice of the forum and applicable law, and challenges in settlements class actions.