What Keeps Plaintiffs Away from the Court? An Analysis of Antitrust Litigation in Japan, Europe and the US

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)

20 Pages Posted: 20 Jul 2013 Last revised: 1 Dec 2014

See all articles by Simon Vande Walle

Simon Vande Walle

University of Tokyo - Graduate Schools for Law and Politics

Date Written: March 26, 2014

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.

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

JEL Classification: K21, K41

Suggested Citation

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

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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