Impact of Recent U.S. Competition Law Decisions on the Conduct of International Business Operations in the Energy Sector
Article from: OGEL 1 (2010), in Antitrust in the Energy Sector
Introduction
After a period of relative dormancy, the past decade was notable, from a competition law perspective, for a flurry of activity in the highest court of the United States interpreting the scope of the U.S. antitrust laws. These decisions occurred in a wide variety of contexts and industries, but the consistent theme was a tightening of the standards that private plaintiffs must meet when bringing competition claims in U.S. courts. The decisions erected higher procedural barriers to asserting such claims,[1] and they held plaintiffs to stricter substantive requirements as well.[2] ...