Can third parties bring private claims to enforce competition law in the national courts?
Third parties may pursue civil claims in federal and state courts to seek damages and/or an injunction to stop the anticompetitive behaviour. Private litigation often follows an investigation by the competition authorities into the same industry or conduct. Claims can be brought either by an individual party or as a class action on behalf of a group of similarly situated individuals. Treble damages — three times the amount of the injury — are generally available for successful claims. Under federal antitrust law, only direct purchasers (those who bought directly from a conspirator) have standing to seek civil damages. However, indirect purchasers have the ability to assert damage claims for antitrust violations under various state laws.
