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ARTICLE · 13 DECEMBER 2005

Private Enforcement of Civil Remedies

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Outsiders often view with interest the private enforcement of competition law through the U.S. courts. Treble damages, per se offences, Illinois Brick, class actions and juries represent a potent mix of plaintiff-friendly factors that permit private U.S. claimants to impose shock and awe on alleged cartelists.

CanadaTransport
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Canadian Bar Association 2005 Annual Fall Conference on Competition Law

November 3-4, 2005

CROSS-BORDER QUARRY: PURSUING CANADIAN LITIGATION IN AMERICAN COURTS

Introduction

Outsiders often view with interest the private enforcement of competition law through the U.S. courts. Treble damages, per se offences, Illinois Brick, class actions and juries represent a potent mix of plaintiff-friendly factors that permit private U.S. claimants to impose shock and awe on alleged cartelists.

It is not surprising that foreign litigants might try to gain entry to this arena. If commodities are arbitraged to take advantage of cross-border differences in price or terms, why not litigation?

This paper considers recent jurisprudence relating to two manifestations of this phenomenon. The first involves Canadian litigants with Canadian price-fixing claims who seek to bring those claims in U.S. courts under U.S. antitrust law. The second involves Canadian claimants who, unbeknownst to them,

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