Private Enforcement of Antitrust Law in the United States

Private Enforcement of Antitrust Law in the United States

A Handbook

Edited by Albert A. Foer and Randy M. Stutz

Private Enforcement of Antitrust Law in the United States is a comprehensive Handbook, providing a detailed, step-by-step examination of the private enforcement process, as illuminated by many of the country’s leading practitioners, experts, and scholars.


Albert A. Foer and Randy M. Stutz

Subjects: law - academic, competition and antitrust law, law -professional, competition and antitrust law


This Handbook has a history. In 2010, the American Antitrust Institute (AAI) published The International Handbook on Private Enforcement of Competition Law.1 This comparative law volume contained 11 original essays on private enforcement in the United States, where the bulk of the world’s experience with private enforcement is located, and 19 essays on private enforcement in countries scattered around the rest of the world. As we edited the American essays, we realized that we had something surprisingly new and valuable on our hands. Our treatment of the U.S. experience seemed to be the first resource in which practitioners explain in a systematic and highly detailed way how a private antitrust case is put together and pursued, canvassing practical, procedural, and substantive considerations from inception to final resolution. Step-by-step, in more or less chronological order, the collection of essays explains how a case moves from suspicion to proof and from complaint to trial, or more likely to dismissal or settlement, and nearly everything in between. It even deals with how claims are administered and how lawyers are compensated. It is simultaneously about law, economics, procedure, and practical life within the antitrust community, covering almost everything a serious antitrust student or an inexperienced antitrust practitioner would want to know. In short, it was a resource that the various editors wished we had encountered much earlier in our careers. Naturally, then, we advised Edward Elgar that we would like to present an expanded and updated version of the collected American essays, to be...