Abstract

http://ssrn.com/abstract=1428326
 


 



Suing the Suits – Derivative Shareholder Actions to Bring Home the Message of Antitrust


Florian Wagner-von Papp


University College London Faculty of Laws

Arad Reisberg


University College London - Faculty of Laws

July 1, 2009


Abstract:     
This article starts by analysing the potential benefits of derivative actions brought by shareholders against the management of firms which have infringed the antitrust laws (derivative shareholder suits). It goes on to discuss the limitations of these actions as they are currently implemented in selected jurisdictions, such as Delaware, the United Kingdom and Germany. The article then addresses possibilities for reforming the instrument of derivative actions to overcome these limitations. It concludes that – with the necessary adaptations – these actions could make a valuable contribution to the fight against antitrust law violations, inter alia, by providing incentives to install effective antitrust compliance schemes.

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Date posted: July 4, 2009 ; Last revised: June 5, 2012

Suggested Citation

Wagner-von Papp, Florian and Reisberg, Arad, Suing the Suits – Derivative Shareholder Actions to Bring Home the Message of Antitrust (July 1, 2009). Available at SSRN: http://ssrn.com/abstract=1428326

Contact Information

Florian Wagner-von Papp
University College London Faculty of Laws ( email )
London WC1E OEG
United Kingdom
HOME PAGE: http://www.ucl.ac.uk/laws/wagnervonpapp
Arad Reisberg (Contact Author)
University College London - Faculty of Laws ( email )
London WC1E OEG
United Kingdom
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