The degree to which plaintiffs pursue antitrust damages actions in the United States and the European Union varies considerably. For almost 100 years, private enforcement of the antitrust laws through damages actions has played a major role in the development of U.S. antitrust jurisprudence. In the European Union, although private suits have increased in number in recent years, successful actions are infrequent, and legislative advances are piecemeal and limited to certain jurisdictions.
This article originally appeared in the Competition Policy International Antitrust Chronicle.