We expect an increase in private antitrust litigation over the next couple of years, and the Norwegian courts will then be asked to take a position to several ambiguous positions under Norwegian private antitrust law (eg, are the competition authority decisions binding or only instructive in follow-on cases? Who shall prove ‘passing on’? To what extent is the European Commission case file shielded from disclosure? etc).
Several changes in the Norwegian Competition Act and the Dispute Act are expected, including rules on passing-on, limitations to the joint liability in case of leniency applicants, extended limitation periods and access to evidence. The courts are also to rule on important questions as regards international jurisdiction in competition follow-on claims.
The guide deals with questions such as:
- What is the legal basis for private antitrust actions?
- In what types of antitrust matters are private actions available
- To what extent can the parties influence in which jurisdiction a claim will be heard?
- How may litigation be funded?
- What evidence is admissible?
- Can the evidence or findings in criminal proceedings be relied on by plaintiffs in parallel private actions?
- What is the applicable standard of proof for claimants?
- How are the rules on collective actions?
- What forms of compensation are available and on what basis are they allowed?
- Who bears the legal costs? Can legal costs be recovered, and if so, on what basis?
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Reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through – Private Antitrust Litigation 2018 (Published: September 2018). For further information please visit www.gettingthedealthrough.com.