Antitrust Litigation 2019

Before the implementation of Directive 2014/104/EU on Antitrust Damages Actions (the Directive), some relevant case law had already been developed by the Spanish Supreme Court on many of the legal issues that have now been regulated by the domestic legislation implementing the Directive. This includes such issues as the joint and several liability of infringers, the availability of the passing-on defense, and the burden of proof in respect of such defense lying on the defendant, etc.  However, the growth of antitrust litigation in Spain was prompted by the approval of the Directive and its implementation in May 2017.

There is currently a certain degree of discrepancy between the existing judicial decisions on antitrust litigation. Casto González-Páramo and Jon Aurrecoechea, partner and counsel in Hogan Lovells Madrid respectively, analyze the current situation regarding actions for claiming private damages arising out of antitrust infringements in Spain in the guide Antitrust Litigation 2019 published by the prestigious directory Chambers and Partners.

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