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Part II Elements of Private Enforcement Systems, 3 Judicial Redress Mechanisms

From: The Private Enforcement of Competition Law (1st Edition)

Pedro Caro de Sousa

From: Oxford Competition Law (http://oxcat.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 19 July 2024

Subject(s):
Damages — National Courts — Private enforcement — Infringement actions — National courts

This chapter explores judicial redress mechanisms. It explains that the first step when implementing a private enforcement system is to consider what types of procedural mechanisms are available to private parties in their attempts to obtain damages or other remedies from infringers of competition law, such as injunctive relief, rendering a pre-existing contractual arrangement void and unenforceable or changing it by severing the infringing clauses. The chapter elaborates on the notion of and issues surrounding individual damages claims and collective damages claims.

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