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Procedural aspects of private enforcement of EC antitrust law: heading toward new reforms?
Brkan, Maja
This article aims to examine the necessary requirements for an effective private antitrust enforcement from the point of view of the civil procedures of Member States. It elaborates on the question ...whether and how these requirements can be satisfied in different civil procedures and which procedural rules could present potential obstacles for effective private antitrust enforcement. It focuses on issues of jurisdiction, standing, class actions, burden, standard of proof and costs and examines certain private enforcement cases in Member States. It compares the situation in the European Union with private enforcement in the US courts. Finally, the article argues that a certain degree of harmonisation of Member Statesć civil procedures is required for the purpose of promoting and facilitating private enforcement in the European Union and puts forward a substantive proposal for such harmonisation.
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