Hausfeld, Michael D. --- "Initiation of a Private Action" [2012] ELECD 848; in Foer, A. Albert; Stutz, M. Randy (eds), "Private Enforcement of Antitrust Law in the United States" (Edward Elgar Publishing, 2012)

Book Title: Private Enforcement of Antitrust Law in the United States

Editor(s): Foer, A. Albert; Stutz, M. Randy

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9780857939593

Section: Chapter 4

Section Title: Initiation of a Private Action

Author(s): Hausfeld, Michael D.

Number of pages: 13

Extract:

4 Initiation of a private action
Michael D. Hausfeld 1


§ 4.01 Introduction
§ 4.02 Considering alternatives to courts
4.02.1 Federal Trade Commission
4.02.2 Department of Justice
4.02.3 State regulators
4.02.4 Arbitration
4.02.5 Pre-litigation settlement
§ 4.03 Choosing between state and federal court
4.03.1 Federal court
4.03.2 State court
§ 4.04 Selecting a venue
4.04.1 Judicial Panel on Multidistrict Litigation
4.04.2 Considerations
§ 4.05 Suits by foreign plaintiffs
4.05.1 U.S. law claims and the FTAIA
4.05.2 Foreign law claims in U.S. courts
§ 4.06 Preparing and serving a complaint

§ 4.01 Introduction

Although the initiation of a private claim in the United States appears relatively
straightforward ­ a plaintiff prepares, files, and serves a complaint ­ this process actually
involves a number of important choices on the part of a litigant:

(1) Should the case be in court at all, or is some alternative forum preferable? This
chapter discusses options such as complaining to the Federal Trade Commission
or Department of Justice, pursuing arbitration, or attempting to negotiate a pre-
litigation settlement.
(2) If the dispute or claim is to be in court, should it be filed in state or federal court? This
chapter provides an overview of why one or the other might be more appropriate.
(3) What venue should be selected? This chapter explores requirements for jurisdiction
and venue, the role of the multidistrict litigation ...