Finding Peace When Settling US And EU Price-Fixing Claims

Law360, New York (April 28, 2014, 3:45 PM EDT) -- ​The great majority of private antitrust disputes are resolved through settlements. One of the key challenges for policymakers, practitioners, consumers and businesses is how to efficiently resolve cross-border price-fixing disputes given the lack of a single forum. Cartelists facing the prospect of U.S. and EU litigation for the same global conspiracies typically attempt to secure as broad of a release as possible. Even a well-crafted settlement with a coordinated series of negotiations, however, may not bring a defendant peace across both U.S. and EU jurisdictions. The scope of resolution is influenced heavily by the current state of laws on collective redress in different European jurisdictions and, in particular, the use of an opt-in rather than an opt-out rule....

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