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date: 20 February 2020

Abstract and Keywords

Aside from interpretations of the substantive law, the level of private antitrust enforcement is a function of a number of factors, the most important of which are (1) the availability of punitive or exemplary damages; (2) the possibility of recovering attorney’s fees; (3) the difficulty of creating a class of plaintiffs or of obtaining collective redress; (4) the ease of discovery; and (5) definitions of what qualifies one to bring a private action. This discussion is about the last of these—the eligibility issue. To date, and despite pressures toward convergence, the United States and the European Union (EU) have taken different paths with respect to the enforcement of antitrust laws by private parties. US law is more encouraging to private enforcement than EU law.

Keywords: private rights, antitrust, antitrust injury, comparative, eligibility

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