Publication date: 24 October 2018
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Competition laws employ multiple tools for enforcement. Antitrust policy and antitrust law enforcement, including private enforcement, are elements of an integrated system in which numerous factors contribute to the complementary goals of deterrence and compensation. Ideally, the various enforcement mechanisms should support each other and, taken together, achieve effective deterrence in the most efficient way.
This Report provides an overview of international practices regarding private competition enforcement. It was produced following a request by Mexico for a broad ranging analysis of international experiences in private competition damages claims, including collective actions; and of how these international experiences may be harnessed by Mexico if it were to try to reform and increase the effectiveness of its private enforcement competition regime.
The Report identifies and discusses the various elements that frame successful private competition enforcement regimes around the world, and compiles international experiences in this respect. It concludes with a number of recommendations for Mexico as it seeks to implement a fair, effective and manageable system of private competition enforcement.