Download This PaperWhat 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
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
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