Wednesday, June 24, 2015
Francis O. Scarpulla, The Scarpulla Law Firm and Qianwei Fu, Zelle Hofmann Voelbel & Mason LLP. are Thinking globally about recovery actions in international cartel cases.
ABSTRACT: This article examines the legal and practical challenges that corporate claimants face in pursuing damages actions against international price-fixing cartels. It discusses the complex jurisdiction, choice-of-law, and related procedural issues central to corporate claimants’ litigation strategy in maximizing global recovery, with a focus on the relevant legal frameworks in the USA and Europe. The article also identifies trends in settlement and arbitration as potential alternatives to litigating damages claims in multiple national courts. The objective of this article is to provide productive inputs for corporate claimants to conduct a fair assessment of cross-jurisdictional claims in linked global cartel cases. In practice, corporate claimants should carefully weigh their recovery options with these complex issues in mind.