Austria: Uphill struggle
SUPPLEMENT - THE 2009 GUIDE TO COMPETITION AND ANTITRUST - October 01, 2009
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Cartels often bump up the price of goods causing buyers to overpay. The damage thereby generated can – in theory, at least – be claimed in a law suit. The enforcement of antitrust law through such private actions is strongly encouraged by the European Community. The European Commission has published several notices on this topic (e.g. the green paper on damages actions for breach of the EC antitrust rules and the white paper on damages actions for breach of the EC antitrust rules), thus encouraging member states to provide relevant legislation. The case law of the Court of Justice of the European Community requires national courts to give effective remedies "to any individual to claim damages for loss caused to him by a contract or by conduct liable to restrict or distort competition".
Some member states have adapted their laws on damages in order to satisfy the prerequisites for...
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