Is follow-on antitrust damages litigation failing?

Follow-on antitrust damages litigation may not be the producing the societal compensation that had been anticipated. The principal reason seems to be the cost of litigation. 

When not funded by third-party funders the only realistic recourse is for a law firm to fully or partially fund a case, but there are many reasons why this may not realistic.  Perhaps the existence of such an 'orphan case' should be recognised by the competition authorities when setting the fines for breach of competition law.  This subject is explored in an article recently published in the journal European Competition and Regulatory Review, Volume 6 (2022), Issue 4, published by Lexxion.


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