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Antitrust Law / Private Enforcement

Damages in Antitrust Law

We will inform you on this website about current developments in antitrust damages law. You will find new decisions, reports on claims and current developments at www.kartellschadenersatz.at

On this website you will find all current decisions of the Austrian Supreme Court on antitrust damages law, decisions of the German Federal Supreme Court on this subject as well as decisions of the Austrian Antitrust Court and the Higher Cartel Court but also decisions of the European Commission and the European Court of Justice in fine proceedings.

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Our partner Michael Brand has been involved in private enforcement cases for many years. Michael Brand published the Austrian standard handbook "Schadenersatz im Kartellrecht, Praxishandbuch Private Enforcement" in 2017. This book covers all relevant topics for the enforcement and defence of claims for damages in Antitrust Law.

 

- The industry magazine Anwaltsblatt reviewed the book:

"... Particularly valuable are the practical explanations of the author (e.g. on "procedural tactical questions", pp. 336ff) and the presentation of the basic problems from the perspective of a potential defendant (Chapter 10: "Objections and counter-strategies of the defendant"). Brand also deals with corporate law issues, in particular in connection with directors' liability and possible claims of aggrieved companies against managing directors or board members, and concludes with considerations of criminal law as well as tax and accounting issues. Overall, the author has succeeded in providing a comprehensive presentation of the problems and sometimes considerable challenges for the successful enforcement of claims for damages in antitrust violations. The practical approach and the numerous comparative legal explanations actually develop this monograph into a "Private Enforcement Practical Handbook", as the subtitle promises. No practitioner who wants to successfully enforce (or defend against) liability claims for antitrust violations can avoid this work.


- The Austrian magazine for Antitrust Law has described this book:

"... The work to be discussed analyses these innovations in detail and comments on the substantive and procedural changes in an extremely practical manner,

- Detriment

- Causality

- Illegality

- Unlawfulness context

- Adequateness

- Culpability

- Activity and Passive Legitimation

- Process-related aspects

- Defendant's objections and counter-strategies

- Company law issues

- Criminal law

- Tax and accounting issues

Taking into account Austrian and European supreme court jurisprudence, the author presents numerous well-founded solutions for practice in addition to comprehensive commentary.

This work comments on Austrian antitrust damages law in a technically impressive way and offers the user a series of exciting procedural approaches and practical solutions!"