Extract
ABA Antitrust Year-in-Review 2008.
A. Legislative and Administrative Developments
In July 2008, the U.K. Office of Fair Trading (the "OFT") published its response to the European Commission's White Paper on Damages actions for breach of the EC Antitrust Rules.1 The OFT welcomed the Commission's proposal to adopt final decisions by National Competition Authorities2 ("NCAs") or final judgments by review courts3 on Articles 81 and 82 of the EC Treaty as irrebuttable proof of infringement in subsequent civil antitrust damages cases relating to the same parties. The OFT considers that providing for such a binding effect is important for providing parties with increased certainty, reducing litigation costs and reducing burdens on the claimant. The OFT also published for public consultation a draft version of its revised and expanded guidance on the OFT's merger control jurisdiction and procedure under the Enterprise Act 2002 (the "Enterprise Act").4 T...See the full content of this document
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