1.

Legal framework

2.

Private claims

3.

Parties

3.1

Who has standing to bring a claim for breach of competition law?

3.2

Can a claim for breach of competition law be brought against parties outside the jurisdiction?

3.3

Can a claim for breach of competition law be brought against individuals, or only companies?

4.

Collective actions

4.1

Is it possible to bring a collective action for breach of competition law in your jurisdiction? If so, what is the applicable regime?

4.2

Do collective actions proceed on an ‘opt-in’ or an ‘opt-out’ basis?

4.3

Do collective actions require certification? If so, what requirements must be met to obtain certification?

5.

Forum

6.

Bringing a claim

6.1

What is the limitation period for claims for breach of competition law in your jurisdiction?

6.2

What are the formal requirements for bringing a claim for breach of competition law?

6.3

What are the procedural and substantive requirements for bringing a claim for breach of competition law?

6.4

What are the implications if a public enforcement action in relation to the same behaviour is pending? Can a claim still be brought?

6.5

How is jurisdiction over the claim determined?

6.6

How is the applicable law determined?

6.7

Under what circumstances must security for costs be provided?

6.8

Are interim remedies available in competition litigation? If so, how are they obtained?

7.

Disclosure and privilege

7.1

What rules apply to disclosure in your jurisdiction? Do any exceptions apply?

7.2

What rules on third-party disclosure apply in your jurisdiction?

7.3

What rules on privilege apply in your jurisdiction?

8.

Evidence

8.1

What types of evidence are permissible in your jurisdiction? Is expert evidence accepted?

8.2

What is the applicable standard of proof?

8.3

On whom does the burden of proof rest?

8.4

What defences are typically available in competition litigation?

9.

Settlement

9.1

Can the proceedings be discontinued without a full trial? If so, how; and what are the implications?

9.2

In the case of collective actions, is collective settlement possible? If so, how; and what are the implications?

10.

Court proceedings

10.1

Are court proceedings in your jurisdiction public or private? If the former, are any options available to the parties to keep the proceedings or related information confidential?

10.2

How do the court proceedings unfold in your jurisdiction?

10.3

What is the typical timeframe for proceedings?

10.4

What rules apply to the joinder of third parties?

10.5

To what extent do the decisions of national or foreign competition authorities influence the court’s decision?

11.

Remedies

11.1

What remedies are available in competition litigation in your jurisdiction?

11.2

Are punitive damages awarded in your jurisdiction?

11.3

Will the courts consider any fines imposed by the competition authorities in deciding on the quantum of damages? What other factors will it consider in this regard?

12.

Appeals

13.

Costs, fees and funding

13.1

What costs and fees are incurred when litigating in your jurisdiction? Can the winning party recover its costs?

13.2

Are contingency fees and similar arrangements permitted in your jurisdiction?

13.3

Is third-party funding permitted in your jurisdiction?

14.

Trends and predictions

15.

Tips and traps

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