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With antitrust laws being enacted in an ever-growing number of jurisdictions, private antitrust litigation presents clear opportunities, as well as apparent risks, to companies worldwide.
In particular, investigative and enforcement activities are increasingly being undertaken by antitrust authorities globally. This, in turn, has seen a marked rise in the number of actions commenced by parties claiming to have suffered loss as a result of infringements identified by these authorities.
However, while enforcement activities gather apace, in many jurisdictions private antitrust litigation remains a developing area of law - meaning that any such actions can give rise to a wide range of complex issues for claimants, defendants and courts alike.
To this end, Private Antitrust Litigation is intended to serve as a single point of practical reference for businesses and practitioners when considering the merits of commencing, defending or settling private antitrust litigation.
In addition to providing an overview of the current legal framework applicable in each jurisdiction, this publication identifies emerging trends and any currently unresolved legal issues. It also considers the commercial benefits and risks associated with specific litigation approaches and strategies.