Private antitrust damages actions : a Maltese perspective

Abstract

Antitrust damages actions are a means of enforcing competition rules by private individuals who seek redress for the harm suffered consequent to an anticompetitive conduct. Although the primary role of antitrust damages actions is that of achieving corrective justice, they also act as a deterrent of future infringing conduct. Thus, an effective system of private antitrust damages actions complements the public enforcement of competition rules. This thesis analyses the legal mechanisms which Malta has recently introduced in order to facilitate the bringing of antitrust damages actions before the Maltese courts. The discussion examines whether the amendments address the substantive and procedural roadblocks present in the legal system prior to these amendments, thereby incentivising private claimants to enforce their rights in court. The thesis also compares the amendments with the proposals put forward by the European Commission and the legal mechanisms introduced in other jurisdictions, in order to facilitate antitrust damages actions within the European Union.