CASE COMMENTS : UNITED STATES – PRIVATE ENFORCEMENT – FACTORING – EXCHANGE OF INFORMATION – CREDITWORTHINESS OF CUSTOMERS – STANDARD OF PROOF

United States: The Court of Appeals for the third circuit holds that a complaint must allege facts sufficient to allow an inference of unlawful concerted action (Burtch/Milberg Factors)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Standalone private actions, i.e. those that are not consecutive or complementary to lawsuits initiated by the antitrust authorities (known as "follow on" actions), are far from rare in the United States. The incentive represented by the treble damages, as well as the possibility of regrouping in class actions, are all means of turning American companies and consumers into true "auxiliary market policemen". A review of antitrust litigation in which plaintiffs act on their own initiative reveals, however, that federal courts frequently rule in favor of defendants. Defendants often fail to overcome initial procedural hurdles and are dismissed without

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Jean-Christophe Roda, United States: The Court of Appeals for the third circuit holds that a complaint must allege facts sufficient to allow an inference of unlawful concerted action (Burtch/Milberg Factors), 16 February 2012, Concurrences N° 1-2012, Art. N° 42403, pp. 236-238

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