European Court of Justice was kind enough to express support and encourage- ment for this project. My greatest debt is to my wife, Lynda Lee Kaid, who has cheerfully made many sacrifices in order to support this work. I also appreciate the support of my par- ents, who no doubt remain quite puzzled that their offspring pursued yet another law degree 20 years after the first one. The goal of this book is to encourage the development of private antitrust litiga- tion in the UK and the EC. I believe that no antitrust regulation system has any realistic chance of success without it. Government antitrust authorities will never have the resources to prosecute all infringements which should be pursued and should not be in the business of awarding compensation. My own experience in private antitrust litigation--mostly for the defence--has brought me to the belief that society, and even the best firms, benefit from the constraints on behaviour which exist and are perceived to exist from the presence of a viable private enforce- ment system. To those who believe that private enforcement is wasteful, I reply that this is sometimes true, but it is better than the alternative of inadequate pri- vate enforcement. If we are to have antitrust laws, we should have effective ones which are enforced. This method of this book is to suggest how certain principles developed in US pri- vate antitrust litigation may apply to private antitrust litigation in the UK and EC. Regardless of differences in the substantive law, private litigation in any sys- tem encounters common problems which have to be resolved appropriately to that system. Solutions to some of these problems in the US may work in the UK and EC, but others may not. Due in part to the absence of legislation concerning private enforcement in the UK and EC, litigants and their lawyers proceed in a legal atmosphere of uncertainty. In such a posture, knowing in general that some- thing can be done and has been done is important but not always sufficient. This book hopes to explain how it has been done, how those lessons apply in the UK and EC, and where legal advisors can find specific instances or authorities that may serve as guides for similar litigation in Europe. CLIFFORD A. JONES -xii- |