Private antitrust damages actions in the US, Germany and at the European Community level

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The analysis examines private antitrust damages actions in the United States, Germany, and the European Community. In the US, treble damages actions have established a global standard for private antitrust claims. Recent proposals from the American Modernization Commission have reignited discussions on the relationship between public and private antitrust enforcement. In Germany, the revised antitrust code encourages private damages actions following the European Court of Justice's decision in Courage v. Crehan. The European Commission's recent White Paper has further prompted a reevaluation of private litigation in competition law. This dissertation identifies similarities and differences across these jurisdictions, emphasizing the roles of private damages claims within their antitrust enforcement frameworks. It discusses prerequisites for such claims and suggests remedies for potential challenges, focusing on damage quantification, passing-on defenses, and the admissibility of indirect purchaser claims. The significance of extraterritorial jurisdiction in private antitrust litigation is highlighted, particularly as authorities increasingly target international cartels. The dissertation addresses the implications of extraterritorial subject matter jurisdiction for private damages actions and explores solutions for divergent approaches to antitrust enforcement in global markets, especially considering the reliance on public en