Methodological note

Antitrust law can be enforced in two ways. Antitrust authorities can pursue administrative proceedings to investigate, prohibit and sanction, for example, with a fine, anti-competitive behaviour. Alternatively, the party allegedly prejudiced by an antitrust infringement may bring proceedings against the unlawful behaviour under private law. The plaintiff may, for example, bring a cease and desist or compensatory claim. The defendant may raise the ‘Euro-defence’, that is defend contractual claims by pointing to the anti-competitive nature of the contract. In Europe the enforcement of antitrust law is almost entirely a matter of administrative law while private enforcement of antitrust law is of less significance. This phenomenon contrasts with the legal situation in the USA, where the number of private antitrust proceedings is many times greater. An important aim of this study is to learn more about private antitrust law in the reporting countries. A first step – in conformity with the basic approach of the Common Core Project – is to create a cartography of antitrust law remedies. The country reports will show that in fact there is extremely little case law on private enforcement in antitrust law, despite the fact that in theory private enforcement exists everywhere. A second step will consist in generating ideas on how to strengthen the position of private remedies. Here in particular European initiatives through Community institutions could play a significant role.