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"International trade principles: how to ensure better enforcement" by Jacques Bourgeois, Professor at the College of Europe.
Presentation made at the Trade conference organised by Cerame-Unie on 26 November as part of the Ceramic Days 2013.
"International trade principles: how to ensure better enforcement" | Jacques ...Cerame-Unie
"International trade principles: how to ensure better enforcement" by Jacques Bourgeois, Professor at the College of Europe.
Presentation made at the Trade conference organised by Cerame-Unie on 26 November as part of the Ceramic Days 2013.
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State of Privacy in the EU and SEE by Mr. Bogdan Manolea, APTI.Ro/EDRIMetamorphosis
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State of Privacy in the EU and SEE by Mr. Bogdan Manolea, APTI.Ro/EDRIMetamorphosis
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1. www.mcguirewoods.com
Click to edit Master title style
www.mcguirewoods.com
Private Litigation, Brussels, 13
October 2014
Matthew Hall
Partner, Solicitor (England and Wales)
McGuireWoods LLP, Brussels
mhall@mcguirewoods.com
be.linkedin.com/in/matthewhalllawyer
+32 2 629 4234
2. McGuireWoods | 2
CONFIDENTIAL
U.S. Antitrust Class Actions
A perfect storm against
defendants…
• The evolution of U.S. class
certification standards
• Ruling on class certification is
the issue
• Accounting for a settlement
4. McGuireWoods | 4
CONFIDENTIAL
EU Antitrust Damages Actions
• Public enforcement v. private enforcement
• Direct effect of Articles 101 and 102 TFEU → private
enforcement
• Courage and Crehan (ECJ; 2001) = compensation for harm
• Manfredi (ECJ; 2006) = actual loss, loss of profit, plus interest
Also using national competition rules
5. McGuireWoods | 5
CONFIDENTIAL
EU Antitrust Damages Actions
It’s national courts and (mainly) national law and procedure…
• Evidence/disclosure
• Collective redress
• Quantification including passing-on
• Causation
• Limitation periods
• Liability
• Contribution claims
• Indirect purchasers
• Etc.
“to date most victims of infringements of the EU competition rules in practice
do not obtain compensation for the harm suffered”
6. McGuireWoods | 6
CONFIDENTIAL
EU Antitrust Damages Actions
• Formal adoption of Directive expected late November 2014
• Applicable probably from 2016 in most countries
• A framework to build on
• Huge change for some countries
• Huge potential for growth in litigation: “only 25% of EC
antitrust decisions over 2008-2012 followed by civil actions for
damages”