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Private Competition Enforcement: USA
Reprinted from: In-Depth: Private Competition Enforcement | March 2025Cadwalader partner and Antitrust Litigation Co-Chair Philip Iovieno and counsel Kristen McAhren have co-authored “Private Competition Enforcement: USA,” a chapter in the latest edition of In-Depth: Private Competition Enforcement (formerly The Private Competition Enforcement Review), published March 4.
Phil and Kristen provide an accessible primer for business people and lawyers interested in U.S. private enforcement on how private litigants are key in the enforcement of U.S. antitrust laws. They cover the legislative and court-made frameworks for U.S. private antitrust enforcement, both state and federal, including common doctrines used by private litigants to bring actions such as for conduct that occurred outside the United States and for calculating damages, rules for class actions and for opting out of classes to pursue individual private litigation or other follow-on actions, and highlight some issues and limitations applicable to related government proceedings. Phil and Kristen also offer readers a year in review of notable cases, an outlook for the near future, and discuss key issues related to:
- Extraterritoriality;
- Standing under the Clayton Act;
- The process of discovery;
- The use of experts;
- Class actions;
- Calculating damages;
- Pass-on defenses;
- Follow-on litigation;
- Privileges;
- Arbitration;
- Indemnification and contribution; and
- An outlook on notable issues in the year ahead and beyond.
Read more here (subscription required).
