Volume 29 (2006) / Issue 3
Finding the right balance between public and private competition enforcement is a critical issue for almost all jurisdictions. This article surveys the forces that are producing an apparent contraction in private rights of actions in the United States, an expansion of such actions in the European Union, and the need for some form of private actions including aggregate claims and indirect purchaser actions for any jurisdiction seeking a system of viable private enforcement. The article concludes that some form of private enforcement is a necessary complement to public competition law enforcement and that public-private enforcement networks geared to local needs should be encouraged to create stable and effective competition law regimes.
All rights reserved