Abstract

http://ssrn.com/abstract=2295621
 


 



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

February 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)

Abstract:     
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: 21

Keywords: litigation levels, law and sociology, competition law, antitrust law, private enforcement of competition law

JEL Classification: K21, K41

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Date posted: July 20, 2013 ; Last revised: February 17, 2014

Suggested Citation

Vande Walle, Simon, What Keeps Plaintiffs Away from the Court? An Analysis of Antitrust Litigation in Japan, Europe and the US (February 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). Available at SSRN: http://ssrn.com/abstract=2295621 or http://dx.doi.org/10.2139/ssrn.2295621

Contact Information

Simon Vande Walle (Contact Author)
University of Tokyo - Graduate Schools for Law and Politics ( email )
7-3-1 Hongo Bunkyo-Ku
Tokyo, 113-0033
Japan
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