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Unpublished Paper
The private Antitrust Remedy: Lessons From The American Experience
ExpressO (2009)
  • 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 private right of action is going to work, then the Europeans will have to do something to alter their current system, notably with respect to access to proof and access to attorneys.

Publication Date
October 29, 2009
Citation Information
Edward D. Cavanagh. "The private Antitrust Remedy: Lessons From The American Experience" ExpressO (2009)
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