Private Antitrust Litigation in the European Union and Japan. A Comparative Perspective

Companies in Europe and Japan are increasingly the target of private antitrust litigation. These lawsuits are being facilitated by favorable case law, legislative changes and a growing awareness of antitrust remedies in all layers of society. This book analyzes and compares this burgeoning area of litigation in the European Union and Japan. It analyzes the legal framework for these lawsuits and takes stock of the hundreds of cases that have been brought in Japan and the EU in recent years. It also examines the novel contexts in which private litigants are invoking antitrust violations, such as in derivative suits and in actions to challenge arbitral awards. Finally, it assesses the impact of private litigation on the enforcement of antitrust law and shows how Japan’s experience can be useful for Europe and vice versa in shaping future reforms.