What Keeps Plaintiffs Away from the Court? An Analysis of Antitrust Litigation in Japan, Europe and the US
Simon Vande Walle
University of Tokyo - Graduate Schools for Law and Politics
March 26, 2014
DIMITRI VANOVERBEKE, JEROEN MAESSCHALCK, STEPHAN PARMENTIER & DAVID NELKEN, The Changing Role of Law in Japan – Empirical Studies in Culture, Society and Policy Making (Edward Elgar, Forthcoming)
This paper challenges the classical view on the role of litigation in Japan by examining a particular type of litigation, namely private antitrust litigation. It shows that the widely held idea that antitrust litigation in Japan is rare only holds when compared to the US, not Europe. The comparison with Europe also casts doubt on the idea that a cultural aversion to litigation explains why so few antitrust lawsuits are filed in Japan and Europe. Instead, the institutional framework and the awareness and support for antitrust law are much more important. These are malleable factors, suggesting that antitrust litigation can boom in Japan and Europe, regardless of any cultural resistance.
Number of Pages in PDF File: 20
Keywords: litigation levels, law and sociology, competition law, antitrust law, private enforcement of competition law
JEL Classification: K21, K41Accepted Paper Series
Date posted: July 20, 2013 ; Last revised: December 1, 2014
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