Damages In Private Cartel Actions: The Position In England.

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Damages In Private Cartel Actions: The Position In England.

Competition authorities in Europe have sought to encourage private law actions against cartelist as part of effective antitrust law enforcement. In its White Paper of April this year, the Commission stated that:

to date in practice victims of EC antitrust infringements only rarely obtain reparation ...The amount of compensation that these victims are foregoing is in the range of several billion euros a year1. In on-going High Court litigation in England, some of the victims of the vitamins cartels of the 1990s have sought to recover exemplary damages and/or restitutionary awards (as described below) in an attempt to recover an amount in excess of the amount they lost. This would inevitably make such claims more attractive to victims. However, on 14 October 2008, the Co...

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