Private Enforcement

Government cannot be expected to do all, or even most, of the necessary antitrust enforcement; yet, private antitrust enforcement remains under siege. The tort reform movement's distorted and inaccurate portrayal of class actions has influenced the courts' antitrust jurisprudence and created unnecessary roadblocks for private antitrust actions, which undermine the deterrence and compensation objectives of private remedies. The AAI believes that private enforcement is generally doing its job: flagging antitrust violations that would not otherwise have been exposed, providing significant deterrence beyond the criminal fines obtained by the government in cartel cases, and compensating the victims of antitrust violations.

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