Competitive markets

ICC Compendium of Antitrust Damages Actions

  • 15 December 2023

Compendium of Antitrust Damages Actions - 2nd edition

In response to changes in the international antitrust regulatory environment, our Compendium of Antitrust Damages Actions aims to provide guidance on antitrust litigation practices in an array of key jurisdictions and to raise awareness on the trends that are evolving across borders.

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John W.H. Denton AOSecretary General, International Chamber of Commerce

Effective antitrust enforcement is key to support a resilient economic recovery. Companies need to understand the risks they face to enable essential trade and investment.

Andrew WilsonICC Global Policy Director and Permanent Observer to the United Nations

The Compendium highlights the opportunity for competition agencies to adopt best practices while avoiding legal uncertainty unduly inhibiting cross-border commerce.

François BrunetChair, ICC Commission on Competition

The Compendium is a strategic resource for antitrust experts, be they in-house counsel, antitrust lawyers or economists. It gives a snapshot of all relevant information on antitrust damages in the most important jurisdictions.

Caroline InthavisayDeputy Director, ICC Commission on Competition

With the Compendium of Antitrust Damages Actions, ICC aims to make a meaningful contribution to the debate on private antitrust law enforcement and the consequences for business.

Antitrust enforcement is essential to deter and prosecute practices and business conducts that can be harmful to innovation and consumer welfare. Whereas in the past antirust law was principally a matter of public enforcement by competition authorities, nowadays we are witnessing a rise in private antitrust litigation and action for damages. 

With the new edition of the Compendium of Antitrust Damages Actions, ICC in partnership with Concurrences, aims to continue helping businesses understand the new risks they face with regards to antitrust enforcement, while raising awareness of the trends that will influence the international antitrust regulatory environment. 

What is new?


 

Why is the ICC Compendium of Antitrust Damages Actions relevant?

The role of private competition law enforcement in ensuring fair and undistorted market conditions, which used to be limited to the United States for decades, has been pushed to the fore following the adoption by the European Union of Directive 2014/104. The transposition of the Directive by the EU Member States into national laws has spurred countries beyond Europe to adjust their legislative frameworks to foster the development of antitrust private claims. However, not all jurisdictions have adopted the same rules and antitrust litigation has become extremely complex.

The consequences for businesses, regardless of their sizes and markets, are enormous. Companies involved in anti-competitive behaviours can face heavy fines and sometimes criminal sanctions from the public enforcement of competition law.  But with the increasing importance that private enforcement has gained over the last few years, they may find themselves at greater loss due to private legal actions filed against them by victims seeking compensation for damages.


What makes the ICC Compendium of Antitrust Damages Actions unique?

The ICC Compendium of Antirust Damages Actions provides a comprehensive overview of the complexities and intricacies associated with antitrust litigation across a wide range of key jurisdictions including Brazil, China, France, Germany, and the United Kingdom.

Key facts and numbers about the second edition:

80

leading antitrust and litigation law specialists, including academics contributed to this edition

9

key topics are explained in each chapter

350

court cases, including salient facts and insights on important judgements

19

key jurisdictions around the globe are covered


Who is the Compendium for?

Businesses

will enhance their understanding of the increasing risks they face in being sued for anti-competition conducts and of the different methods of calculating damages.

Private practitioners

will have at hand an overview of the legal practices and a collection of the most important cases and decisions related to damages actions.

Judges

will see what other courts have decided on a given issue which may contribute to greater consistency and enhance integration within the EU.

Competition enforcement agencies

will have a general view of the consequences of their decisions.

Policymakers

will have more clarity to the trends that will influence the international antitrust regulatory environment for the long term.

Academics

will find insights on the essential features of the EU private enforcement regime and that of countries beyond the block.