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Hausfeld, Michael D. --- "Initiation of a Private Claim" [2010] ELECD 747; in Foer, A. Albert; Cuneo, W. Jonathan (eds), "The International Handbook on Private Enforcement of Competition Law" (Edward Elgar Publishing, 2010)

Book Title: The International Handbook on Private Enforcement of Competition Law

Editor(s): Foer, A. Albert; Cuneo, W. Jonathan

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781848448773

Section: Chapter 7

Section Title: Initiation of a Private Claim

Author(s): Hausfeld, Michael D.

Number of pages: 13

Extract:

7 Initiation of a private claim
Michael D. Hausfeld1


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:

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.
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.
What venue should be selected? This chapter explores requirements for jurisdiction
and venue, the role of the multidistrict litigation process, and considerations about
when to invoke the process and what factors to emphasize.
Are US courts even available? This chapter examines limitations on the right of
foreign plaintiffs to take advantage of the US court system.
What are the procedural requirements for initiating a claim? This chapter con-
cludes by summarizing the necessary contents of a complaint and the rules of
service.

Considering alternatives to courts
Before initiating a private claim, an injured party may consider several alternatives
to filing suit in court. Possibilities include lodging complaints with the Federal Trade
Commission, the Department of Justice or state regulators, seeking arbitration or
engaging in pre-litigation settlement negotiations.

Federal ...