Private Antitrust Enforcement in the US and the EU - A Comparison of Key Issues

26 Pages Posted: 22 Oct 2019

Date Written: May 1, 2019

Abstract

This paper explains how the EU has adopted some elements from the US system of private enforcement but has made very different policy choices with respect to other elements. The paper begins with a glimpse at the origins of private enforcement and a consideration of two of the biggest challenges to a comparison, namely the federal legal structures in the US and the EU and the different purposes of private enforcement (compensation v. deterrence). The core of this paper is a comparison of nine key issues of private antitrust litigation, including, among others: standing, passing-on, collective actions and discovery.

Keywords: antitrust law; competition law; litigation; private enforcement; damages directive; comparison

Suggested Citation

Obersteiner, Thomas, Private Antitrust Enforcement in the US and the EU - A Comparison of Key Issues (May 1, 2019). Available at SSRN: https://ssrn.com/abstract=3468473 or http://dx.doi.org/10.2139/ssrn.3468473

Thomas Obersteiner (Contact Author)

Willkie Farr & Gallagher LLP ( email )

United States

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