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

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.

working papers series