Antitrust Litigation 2025 Comparisons

Last Updated September 18, 2025

DO NOT USE Australia

Law and Practice

1. Introduction

1.1 Current Framework for Private Antitrust Litigation

1.2 Recent Developments

2. Private Antitrust Claims: Basis and Procedure

2.1 Statutory Basis

2.2 Courts

2.3 Impact of Competition Authorities

2.4 Proof

2.5 Pass-On Defence

3. Limitation Periods and the Duration of Litigation

3.1 Statute of Limitations

3.2 Typical Length of Private Antitrust Litigation

4. Class and Collective Actions

4.1 Statutory Basis

4.2 Opting In or Out

4.3 Direct/Indirect Purchasers

4.4 Class Certification

5. Choice of Jurisdiction

5.1 Rules on Jurisdiction and Applicable Law

6. Disclosure/Discovery

6.1 Disclosure/Discovery Procedure

6.2 Legal Professional Privilege

6.3 Leniency and Settlement Agreements

7. Witness and Expert Opinions

7.1 Witness Procedure

7.2 Expert Witness Role and Procedure

8. Damages

8.1 Damages: Assessment, Passing On and Interest

9. Liability and Contribution

9.1 Joint and Several Liability

9.2 Contribution

10. Other Remedies

10.1 Injunctions

10.2 Alternative Dispute Resolution

11. Funding and Costs

11.1 Litigation Funding

11.2 Costs

12. Appeals

12.1 Basis of Appeal

13. Looking Forward

13.1 Legislative Trends and Other Developments

Law and Practice in DO NOT USE Australia

Author(s)

No Contributing Authors

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