So what’s the loss? An economist’s take on private antitrust litigation outside the U.S.

January 6, 2020


The amount of private antitrust litigation outside the U.S. continues to increase dramatically. This is no longer confined to the traditional jurisdictions of the UK, Germany and the Netherlands, but is now worldwide. Follow-on claims, which rely on a regulatory decision to prove an infringement, and stand-alone claims, where the infringement must be shown, are common. In the EU, virtually every cartel decision by a regulator is now followed by a damages claim from customers. However, cartel damages claims are far from the only types of claim being brought. Mat Hughes, a leading London-based economist with AlixPartners, discusses the key issues raised when valuing and arguing loss in private antitrust litigation outside the U.S., from both the claimants’ and defendants’ points of view.

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