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The Private Antitrust Remedy: Lessons From The American Experience, Edward D. Cavanagh
The Private Antitrust Remedy: Lessons From The American Experience, Edward D. Cavanagh
Edward D. Cavanagh
Europeans are considering adoption of a private right of action in antitrust cases. They are hesitant, however, because of their concern that American approach--notice pleading, broad pretrial discovery, mandatory treble damages, runaway juries, attorneys' fees for prevailing plaintiffs (but not prevailing defendants) and class actions--is a "toxic cocktail" that will corrupt their system. I argue that (1) the private recovery system is on balance beneficial to antitrust enforcement; (2) many of the perceived problems with the US system--notice pleading, broad discovery, juries--are not present in European courts; (3)upon examination, the US system is not really toxic: and (4) if the …
The Private Antitrust Remedy: Lessons From The American Experience, Edward D. Cavanagh
The Private Antitrust Remedy: Lessons From The American Experience, Edward D. Cavanagh
Edward D. Cavanagh
Europeans are considering adoption of a private right of action in antitrust cases. They are hesitant, however, because of their concern that American approach--notice pleading, broad pretrial discovery, mandatory treble damages, runaway juries, attorneys' fees for prevailing plaintiffs (but not prevailing defendants) and class actions--is a "toxic cocktail" that will corrupt their system. I argue that (1) the private recovery system is on balance beneficial to antitrust enforcement; (2) many of the perceived problems with the US system--notice pleading, broad discovery, juries--are not present in European courts; (3)upon examination, the US system is not really toxic: and (4) if the …