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.

Chapter 4: Initiation of a Private Action

Michael D. Hausfeld

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


Michael D. Hausfeld 1 § 4.01 Introduction § 4.02 Considering alternatives to courts 4.02.1 Federal Trade Commission 4.02.2 Department of Justice 4.02.3 State regulators 4.02.4 Arbitration 4.02.5 Pre-litigation settlement § 4.03 Choosing between state and federal court 4.03.1 Federal court 4.03.2 State court § 4.04 Selecting a venue 4.04.1 Judicial Panel on Multidistrict Litigation 4.04.2 Considerations § 4.05 Suits by foreign plaintiffs 4.05.1 U.S. law claims and the FTAIA 4.05.2 Foreign law claims in U.S. courts § 4.06 Preparing and serving a complaint § 4.01 Introduction Although the initiation of a private claim in the United States appears relatively straightforward – a plaintiff prepares, files, and serves a complaint – this process actually involves a number of important choices on the part of a litigant: (1) Should the case be in court at all, or is some alternative forum preferable? This chapter discusses options such as complaining to the Federal Trade Commission or Department of Justice, pursuing arbitration, or attempting to negotiate a prelitigation settlement. If the dispute or claim is to be in court, should it be filed in state or federal court? This chapter provides an overview of why one or the other might be more appropriate. What venue should be selected? This chapter explores requirements for jurisdiction and venue, the role of the multidistrict litigation process, and considerations about when to invoke the process and what factors to emphasize. Are U.S. courts even available? This chapter examines limitations on the right of foreign plaintiffs to take advantage of the U.S. court system. (2) (3) (4) 1...

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