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The International Handbook on Private Enforcement of Competition Law
With the international community on the brink of an explosion of private remedies for violation of national competition laws, this timely Handbook provides state-of-the-art analysis of the private enforcement of competition laws across the globe. Private enforcement of antitrust is becoming a significant component of competition policy laws worldwide; today, more than a hundred jurisdictions have adopted market regimes operating within a framework of competition law, providing a varied base for developing ways by which persons injured by anticompetitive conduct will (or will not) be able to obtain remedies.
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Critical Acclaim
Contributors
Contents
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With the international community on the brink of an explosion of private remedies for violation of national competition laws, this timely Handbook provides state-of-the-art analysis of the private enforcement of competition laws across the globe. Private enforcement of antitrust is becoming a significant component of competition policy laws worldwide; today, more than a hundred jurisdictions have adopted market regimes operating within a framework of competition law, providing a varied base for developing ways by which persons injured by anticompetitive conduct will (or will not) be able to obtain remedies.
Written primarily from the perspective of the complainant, the Handbook contributes to the discussion by presenting empirical research on private remedies through unprecedented, detailed and systematic analysis of private antitrust enforcement in the USA. The expert contributors – law practitioners in the USA and 21 other countries – explain both the law and the realities regarding private remedies as they have experienced them. They provide useful information to law and policy makers contemplating the introduction or expansion of private enforcement and to competition advocacy NGOs, attorneys and others who may wish to support or utilize the tools of private enforcement. By way of conclusion, valuable observations are imparted and recommendations prescribed.
This important Handbook will prove an invaluable reference tool for a wide-ranging audience including: international private practice lawyers, law academics and students with a special interest in competition policy, international government officials involved in legislation or regulation of private remedies in countries with competition laws, and economists consulting in competition cases.
Written primarily from the perspective of the complainant, the Handbook contributes to the discussion by presenting empirical research on private remedies through unprecedented, detailed and systematic analysis of private antitrust enforcement in the USA. The expert contributors – law practitioners in the USA and 21 other countries – explain both the law and the realities regarding private remedies as they have experienced them. They provide useful information to law and policy makers contemplating the introduction or expansion of private enforcement and to competition advocacy NGOs, attorneys and others who may wish to support or utilize the tools of private enforcement. By way of conclusion, valuable observations are imparted and recommendations prescribed.
This important Handbook will prove an invaluable reference tool for a wide-ranging audience including: international private practice lawyers, law academics and students with a special interest in competition policy, international government officials involved in legislation or regulation of private remedies in countries with competition laws, and economists consulting in competition cases.
Critical Acclaim
‘. . . this book is a great achievement, and its contribution to the field cannot be negated. Practitioners, academics and students with a specific interest in this topic alike will easily zero-in on the jurisdiction of interest and extract not only theoretical, academic information on antitrust law and enforcement, which this book does not shy from, but also and mostly practical information on antitrust litigation practice in individual jurisdictions. This alone sets this contribution apart from the numerous books on competition law enforcement and private enforcement available these days which, with all their specific qualities, rarely offer such a practical insight in antitrust enforcement, especially on such a large scale.’
– Jocelyn G. Delatre, European Competition Law Review
‘The International Handbook on Private Enforcement of Competition Law effectively does “what is says on the tin”. . . It is an excellent and important piece of comparative work in this field.’
– Barry J. Rodger, Competition Law Review
‘The American Antitrust Institute has supervised the preparation of this impressive volume analysing the experience of private antitrust enforcement in the United States and surveying the growing importance of private enforcement around the world. . . Each chapter is succinct and an excellent introduction to private rights of action under the key national competition laws. . . The Handbook is a welcome guide to the current state of the current literature on private rights of actions and remedies and provides the raw material and analysis for improvement.’
– Spencer Weber Waller, World Competition
‘This Handbook on private enforcement of competition law is both conceptual and enormously practical. It explains by facts and figures why private enforcement is necessary, and it explores cultural and contextual differences that may suggest different designs. The Handbook provides a thorough anatomy of US private actions, following which experts from 19 other jurisdictions explain the contours and practicalities of bringing, litigating and settling private actions in their jurisdictions. The Handbook promises to make an enormous contribution to antitrust law and policy around the world.’
– Eleanor Fox, New York University School of Law, US
‘This comprehensive and well written volume surveys the private enforcement provisions of virtually every country in the world that has a competition law recognizing private actions. It is a first-of-its-kind, incredibly valuable undertaking. In addition to individual country surveys this book includes valuable comparative studies of private enforcement as well as theoretical and empirical analysis of its effects. Every competition lawyer with a multinational practice will benefit from owning it.’
– Herbert Hovenkamp, University of Iowa, US
– Jocelyn G. Delatre, European Competition Law Review
‘The International Handbook on Private Enforcement of Competition Law effectively does “what is says on the tin”. . . It is an excellent and important piece of comparative work in this field.’
– Barry J. Rodger, Competition Law Review
‘The American Antitrust Institute has supervised the preparation of this impressive volume analysing the experience of private antitrust enforcement in the United States and surveying the growing importance of private enforcement around the world. . . Each chapter is succinct and an excellent introduction to private rights of action under the key national competition laws. . . The Handbook is a welcome guide to the current state of the current literature on private rights of actions and remedies and provides the raw material and analysis for improvement.’
– Spencer Weber Waller, World Competition
‘This Handbook on private enforcement of competition law is both conceptual and enormously practical. It explains by facts and figures why private enforcement is necessary, and it explores cultural and contextual differences that may suggest different designs. The Handbook provides a thorough anatomy of US private actions, following which experts from 19 other jurisdictions explain the contours and practicalities of bringing, litigating and settling private actions in their jurisdictions. The Handbook promises to make an enormous contribution to antitrust law and policy around the world.’
– Eleanor Fox, New York University School of Law, US
‘This comprehensive and well written volume surveys the private enforcement provisions of virtually every country in the world that has a competition law recognizing private actions. It is a first-of-its-kind, incredibly valuable undertaking. In addition to individual country surveys this book includes valuable comparative studies of private enforcement as well as theoretical and empirical analysis of its effects. Every competition lawyer with a multinational practice will benefit from owning it.’
– Herbert Hovenkamp, University of Iowa, US
Contributors
Contributors: P. Alstergren, R. Amore, G. Barone, H. Bolatoglu, A.C. Briggs, E. Brödermann, W.J. Bruckner, A. Bullard, P. Callol, S. Campbell, F.S. Chang, M. Chunsheng, P. Clayton, J.M. Connor, C. Corbitt, L. Cordovil, E.L. Cramer, J.W. Cuneo, B. Dellavedova, C. Dube, A. Falla, J. Fanoy, A.A. Foer, M.S. Gal, M. Glader, J. Goldberg, M. Grinberg, D. Gustafson, M.D. Hausfeld, Y. Ilan, N. Jalabert-Doury, K. Kinsella, R.H. Lande, B.G. Lee, H. Lee, K. Li, L.S. Liu, A. Maton, P.S. Mehta, H. Miyakawa, K. Moodaliyar, V. Morabito, K.J. O’Connor, C. Paoletti, H.L. Renfro, J.D. Richards, J.L. Rubin, M.R. Salzwedel, D.L. Scheurleer, D.C. Simons, S.P. Slaughter, V. Smith, L.T. Sorkin, H. Speyart, R. Stutz, B.E. Sweeney, P. von Dietze, B. Vrcek, Z. Weining, S. Wheatman, F. Wijers, K.C. Wildfang, C.M. Wright, J. Zahid, N. Zecler
Contents
Contents:
Preface
PART I: INTRODUCTION
1. Benefits of Private Enforcement: Empirical Background
Robert H. Lande
2. The Impact of International Cartels
John M. Connor
3. Differing Traditions
Jonathan W. Cuneo
PART II: EXPERIENCING PRIVATE ENFORCEMENT IN THE US
4. Defining Antitrust Violations in the US
Bonny E. Sweeney
5. Pre-claim Activities
Craig Corbitt, Judith Zahid and Patrick Clayton
6. Parties Entitled to Pursue a Claim
Eric L. Cramer and Daniel C. Simons
7. Initiation of a Private Claim
Michael D. Hausfeld
8. Aggregation of Claims
J. Douglas Richards
9. Procedural Defenses Short of Trial
Jonathan L. Rubin
10. Obtaining Evidence
Joseph Goldberg and Dan Gustafson
11. Plaintiffs’ Remedies
W. Joseph Bruckner and Matthew R. Salzwedel
12. Funding Litigation
K. Craig Wildfang and Stacey P. Slaughter
13. Interaction of Public and Private Enforcement
Kevin J. O’Connor, Hannah L. Renfro and Adam C. Briggs
14. Class Notice and Claims Administration
Katherine Kinsella and Shannon Wheatman
PART III: EUROPE
15. Overview of Europe
Bojana Vrcek
16. England and Wales
Vincent Smith, Anthony Maton and Scott Campbell
17. France
Nathalie Jalabert-Doury
18. Germany
Philipp von Dietze and Eckart Brödermann
19. Italy
Giovanni Barone and Roberto Amore
20. Netherlands
Daan Lunsingh Scheurleer, Herman Speyart, Flip Wijers and Joost Fanoy
21. Spain
Pedro Callol
22. Sweden
Marcus Glader and Peter Alstergren
23. Turkey
Hilmi Bolatoglu
PART IV: THE AMERICAS
24. Overview of the Americas
Jonathan W. Cuneo
25. Brazil
Mauro Grinberg, Camilla Paoletti and Leonor Cordovil
26. Canada
Charles M. Wright
27. Peru
Alfredo Bullard and Alejandro Falla
PART V: ASIA, AFRICA AND AUSTRALIA
28. Overview of Asia and Africa
Byung Geon Lee and Ke Li
29. Australia
Brooke Dellavedova, Vince Morabito and Brendan Sweeney
30. China
Zou Weining and Ma Chunsheng
31. India
Pradeep S. Mehta and Cornelius Dube
32. Israel
Niv Zecler, Michal S. Gal and Yariv Ilan
33. Japan
Hiromitsu Miyakawa
34. Korea
Hwang Lee and Byung Geon Lee
35. South Africa
Kasturi Moodaliyar
36. Taiwan
Lawrence S. Liu and Frank S. Chang
PART VI: THE FUTURE OF PRIVATE ENFORCEMENT
37. International Settlements
Laurence T. Sorkin
38. Toward an Effective System of Private Enforcement
Albert A. Foer and Jonathan W. Cuneo
Index
Preface
PART I: INTRODUCTION
1. Benefits of Private Enforcement: Empirical Background
Robert H. Lande
2. The Impact of International Cartels
John M. Connor
3. Differing Traditions
Jonathan W. Cuneo
PART II: EXPERIENCING PRIVATE ENFORCEMENT IN THE US
4. Defining Antitrust Violations in the US
Bonny E. Sweeney
5. Pre-claim Activities
Craig Corbitt, Judith Zahid and Patrick Clayton
6. Parties Entitled to Pursue a Claim
Eric L. Cramer and Daniel C. Simons
7. Initiation of a Private Claim
Michael D. Hausfeld
8. Aggregation of Claims
J. Douglas Richards
9. Procedural Defenses Short of Trial
Jonathan L. Rubin
10. Obtaining Evidence
Joseph Goldberg and Dan Gustafson
11. Plaintiffs’ Remedies
W. Joseph Bruckner and Matthew R. Salzwedel
12. Funding Litigation
K. Craig Wildfang and Stacey P. Slaughter
13. Interaction of Public and Private Enforcement
Kevin J. O’Connor, Hannah L. Renfro and Adam C. Briggs
14. Class Notice and Claims Administration
Katherine Kinsella and Shannon Wheatman
PART III: EUROPE
15. Overview of Europe
Bojana Vrcek
16. England and Wales
Vincent Smith, Anthony Maton and Scott Campbell
17. France
Nathalie Jalabert-Doury
18. Germany
Philipp von Dietze and Eckart Brödermann
19. Italy
Giovanni Barone and Roberto Amore
20. Netherlands
Daan Lunsingh Scheurleer, Herman Speyart, Flip Wijers and Joost Fanoy
21. Spain
Pedro Callol
22. Sweden
Marcus Glader and Peter Alstergren
23. Turkey
Hilmi Bolatoglu
PART IV: THE AMERICAS
24. Overview of the Americas
Jonathan W. Cuneo
25. Brazil
Mauro Grinberg, Camilla Paoletti and Leonor Cordovil
26. Canada
Charles M. Wright
27. Peru
Alfredo Bullard and Alejandro Falla
PART V: ASIA, AFRICA AND AUSTRALIA
28. Overview of Asia and Africa
Byung Geon Lee and Ke Li
29. Australia
Brooke Dellavedova, Vince Morabito and Brendan Sweeney
30. China
Zou Weining and Ma Chunsheng
31. India
Pradeep S. Mehta and Cornelius Dube
32. Israel
Niv Zecler, Michal S. Gal and Yariv Ilan
33. Japan
Hiromitsu Miyakawa
34. Korea
Hwang Lee and Byung Geon Lee
35. South Africa
Kasturi Moodaliyar
36. Taiwan
Lawrence S. Liu and Frank S. Chang
PART VI: THE FUTURE OF PRIVATE ENFORCEMENT
37. International Settlements
Laurence T. Sorkin
38. Toward an Effective System of Private Enforcement
Albert A. Foer and Jonathan W. Cuneo
Index
