EU Competition: Shopping around
With the threat of antitrust legislation, a long-accepted risk in the expansion of a global business, seeking out the best possible forum for the resolution of such disputes has become increasingly attractive. Greg Olsen reports on three recent cases
It has been an interesting year for international cartel enforcement. Leaving to one side the entry into force on 20 June of the criminalisation and other key enforcement provisions of the UK Enterprise Act 2002, there have been a number of UK and US court decisions with potentially significant effects on the incidence of private litigation and which could potentially have an impact on the incidence of forum shopping in cartel litigation, for both the US and the European Union (EU).
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