As we reported in our last article, anticompetitive conduct targeting a wide range of industries around the world continues to be a major problem. When a company discovers that it likely has been a victim of such conduct, the initiation of litigation against the companies engaged in collusion is often necessary to recover past damages and to deter future misconduct.
However, there are circumstances where litigation may not necessarily be the optimal strategy for obtaining appropriate redress and recovering damages caused by the collusion. For example, there are often important business considerations, which must be taken into account, especially where the anticompetitive conduct has been committed by a significant supplier, vendor or company that has provided—and may continue to provide—valuable products or services to the company.
