"Everything changes …nothing remains still"

Heraclitus of Ephesus, c. 535 BCE – c. 475 BCE

The first edition of this book was published in December 2012. It would be an understatement to describe the uptake and evolution of private antitrust litigation since then as anything less than truly remarkable.

It is not simply that significant changes have occurred in this time period, but also the pace of change; the speed in which changes have been assimilated and utilised has been dramatic. Claims advancing complex legal and economic arguments are now routinely brought under comparatively young antitrust regimes, where the decisions of domestic courts are eagerly awaited and analysed by an international audience. Moreover, in jurisdictions with antitrust regimes of relatively longer standing, significant reforms have been (and continue to be) made, many with the apparent goal of encouraging claimants to bring actions covering the full gamut of antitrust infractions. These developments have been supported by the activities of a burgeoning number of antitrust agencies worldwide. From this enforcement perspective, private antitrust litigation complements public antitrust enforcement programmes, with both facets driving deterrence and encouraging compliance with applicable laws.

This complementarity has resulted in the adoption in the EU of Directive 2014/104/EU on actions for damages under national law for infringements of competition law provisions of the member states (Antitrust Damages Directive), the provisions of which are to be implemented into the national laws of all EU member states by 27 December 2016, as well as into the national laws of Iceland, Liechtenstein, and Norway. The Antitrust Damages Directive establishes a comprehensive framework to co-ordinate private antitrust litigation across the EEA, and introduces specific provisions to govern fundamental aspects including disclosure, limitation periods, and the quantification of harm. While the UK held a non-binding public referendum in June 2016 regarding its membership of the EU, the UK is expected to remain a member of the EU for a number of years, and has already taken significant steps towards the full implementation of the provisions of the Antitrust Damages Directive. Further, given the network of arrangements between the EU and other countries regarding matters relating to antitrust laws, it is not beyond the realms of possibility that the provisions of the Antitrust Damages Directive may influence the reform (or introduction) of private antitrust litigation regimes in jurisdictions outside of the EEA.

If interconnectivity is a feature of how modern antitrust policy is propagated, the interconnectivity underpinning twenty-first century commerce has unquestionably furthered the globalisation of private antitrust litigation. For example, multinational companies affected by global infringements will typically be able to commence actions in a number of jurisdictions. Strategically, companies will need to decide in which jurisdictions to bring actions, and how to then use those actions to leverage settlements. For defendants, part of the challenge becomes closing off as many potential jurisdictional avenues as quickly as possible. Further, in global technology sectors it has become common for competitors to engage in "tit-for-tat" litigation in key jurisdictions, with the success (or failure) of those public proceedings shaping the outcomes of various private negotiations. This has seen the emergence of the "smartphone wars", with strategic battles fought by major technology companies across jurisdictions including Brazil, China, France, Germany, India, South Korea, the UK, and the US.

In recognising the increasing interplay between jurisdictions worldwide, this second edition provides country-by-country comparative overviews of the themes and issues frequently arising in private antitrust litigation. While by no means a substitute for the role of local counsel, this second edition offers valuable practical insights into litigating in each jurisdiction, highlighting currently unresolved issues, and anticipating areas of development in law and policy wherever possible.

With this in mind, we take this opportunity to express our gratitude to each author for their commitment and endeavour in contributing to this publication. It has been a genuine pleasure to be able to draw upon the expertise of such a dynamic and dedicated group of individuals in preparing this second edition. Thanks also to the team at Thomson Reuters for their assistance, with special thanks to Katie Burrington for her boundless energy, and to Charlotte Wylie for her editorial vision. Lastly, we would like to thank our colleagues at Gowling WLG for their support, and our family and friends for their enduring good humour and encouragement.