CASE COMMENTS: FOREIGN CASE LAW - PRIVATE ENFORCEMENT – DERIVATIVE SUITS – ANTITRUST SETTLEMENT – COMPLIANCE

USA : The Washington District Court refuses to toss shareholders’ suit against a group of executives for breach of their fiducial duties by willfully violating a European Commission Antitrust settlement (Kim Barovic)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Alongside public enforcement' and private enforcement', would companies and their managers who have violated competition law expose themselves to new risks in the form of liability actions by their own shareholders? This question, relating to what one might be tempted to call "in-house" or "internal enforcement", seems to be new in the context of US antitrust law. It has just been brought to light by proceedings brought by several American shareholders of the Microsoft company, in one of the many aftermath of the eponymous case. The case is still pending, but the District Court of the District of Washington has just issued a decision on December 10, 2014,

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Jean-Christophe Roda, USA : The Washington District Court refuses to toss shareholders’ suit against a group of executives for breach of their fiducial duties by willfully violating a European Commission Antitrust settlement (Kim Barovic), 10 December 2014, Concurrences N° 1-2015, Art. N° 71490, pp. 232-234

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