Comparative Guides

Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.

Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.

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4. Results: Answers
Cartels
8.
Private enforcement
8.1
Are private enforcement actions against cartels available in your jurisdiction? If so, where can they be brought?
United States

Answer ... Private enforcement actions are frequently brought in the wake of government investigations and may be brought in federal court.

For more information about this answer please contact: Djordje Petkoski from Shearman & Sterling LLP
8.2
Can private enforcement actions be brought against both companies and individuals?
United States

Answer ... Cases may be brought against companies or individuals. In practice, however, lawsuits against individuals are rare.

For more information about this answer please contact: Djordje Petkoski from Shearman & Sterling LLP
8.3
Are class actions or other forms of collective action available in your jurisdiction?
United States

Answer ... Class actions are common and are frequently brought on behalf of both direct and indirect purchasers. Direct purchaser claims are brought under the federal Sherman and Clayton Acts, while indirect purchaser claims can be brought only under applicable state laws.

For more information about this answer please contact: Djordje Petkoski from Shearman & Sterling LLP
8.4
What process do private enforcement actions follow?
United States

Answer ... Private enforcement actions are filed in federal court and follow the general rules of civil procedure. Private enforcement actions are exceedingly expensive and often take years to complete, while incurring significant discovery and legal costs.

For more information about this answer please contact: Djordje Petkoski from Shearman & Sterling LLP
8.5
What types of relief may be sought and what types of relief are most commonly awarded? How is the relief awarded determined?
United States

Answer ... The Clayton Act provides for treble damages in private antitrust actions and plaintiffs may collect damages based on joint and several liability. Plaintiffs must prove that they were injured by the alleged violation and the amount of their injury. Damages are generally calculated based on overcharges sustained by the alleged cartel conduct. Plaintiffs may also seek injunctive relief.

For more information about this answer please contact: Djordje Petkoski from Shearman & Sterling LLP
8.6
Can the decision in a private enforcement action be appealed? If so, to which reviewing authority?
United States

Answer ... Enforcement actions by private parties are commenced in lower federal courts and may be appealed to a federal appellate court.

For more information about this answer please contact: Djordje Petkoski from Shearman & Sterling LLP
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Topic
Cartels