[PDF] Top 20 A Standing Framework for Private Extraterritorial Antitrust Enforcement

... A Standing Framework for Private Extraterritorial Antitrust Enforcement SMU Law Review Volume 60 | Issue 1 Article 4 2007 A Standing Framework for Private Extraterritorial Antitrust Enforcement Max Hu[.] ... See full document

... has private information about the prob- ability of being found liable, which lies within some range, and, as here, accepts an o¤er when it is likely to be found ...bargaining framework in which the plainti¤ ... See full document

... of antitrust enforcement exists alongside the growing feeling that the period of ‘autocracy’ of public antitrust enforcement should come to an ...the private interests of those injured ... See full document

... suit) antitrust violators can manipulate the incentives of the only parties who have ...vate antitrust enforcement, exploit the weakness in the indirect purchaser rule and facilitate tacit ... See full document

... of standing to sue to representative bodies, exclusion of contingency fees) seems to be more preservative than the instruments already developed in many national legal ... See full document

... legal standing of foreign representative entities in other circumstances: if in a cross-border mass claims, the infringement has its origin in one MS (normally the place where the infringer is domiciled) but ... See full document

... facilitate private enforcement claims in EU Member ...of private enforcement ...EU framework for consensual dispute resolution of private enforcement disputes is quite ... See full document

... of the European Commission regarding access to its file. A new approach was also introduced towards damages claims submitted against leniency applicants. The paper will first consider the question whether it is necessary ... See full document

... As stated earlier, it is unlikely that consumers will benefit in any way from a move towards private party actions. If the Commission really believes its own message that competition policy is about defending the ... See full document

... initial enforcement framework for the Treaty antitrust ...public antitrust enforcement since private enforcement takes place solely at the national ...Treaty ... See full document

... Our framework allows us to analyze its robustness with respect to a modification of the legal ...example, private enforcement benefits the plaintiff at the expense of the defendant, who ends up ... See full document

... and private enforcement are totally ...public enforcement lies in the exclusive competence of the President of UOKiK, satisfaction of that kind cannot be achieved by individuals; initiating court ... See full document

... – to provide the possibility for collective actions by groups of plaintiffs. The approaches to quantifying the value of damages are similar in Ukraine and the EU. Most differences are sectorial. For example, the largest ... See full document

... Maximizing antitrust enforcement as the rationale for permitting for- eign sovereigns the right to redress antitrust violations is undercut some- what by the existence of and po[r] ... See full document

... on private antitrust enforcement opted for the exclusion of punitive damages from the category of recoverable damages following a violation of antitrust ...and private ... See full document

... This analysis determines whether the activity affects the United States, whether the effect is sufficient to recognize imposition of the Lacey Act on an extraterri- [r] ... See full document

... between private undertakings that relate to unfair competition issues but these disputes are not related to anti-competitive agreements or the abuse of a dominant ... See full document

... involved private claims initiated by artists or producers of original musical, film and television works (Marshall 2002; Mazzone ...Law enforcement agencies in the UK (SOCA 2013), Australia (ACC 2011: ... See full document

... of antitrust prohibitions to settle the case with the Polish competition authority in exchange for a 10% reduction of the fine to be imposed for the violation to which the undertakings admit ... See full document

... A reciprocity standard that required foreign nations to grant the United States Government standing to sue for damages resulting from antitrust violations before those [r] ... See full document