My special interest is private enforcement of EU competition law in regard of global cartels. What I am dealing with right now is the problematic of EU plaintiffs in civil actions for damages before the U.S. courts. I try to learn more about the U.S. legal perspective.

The default choice of forum in EU law is according to article 2 of the Regulation 44/2001 is the court of the defendant (if domiciled in the EU) and the doctrine applicable as a choice of law is the effects based doctrine, according to which foreign undertakings implementing cartel agreements within the EEA will be subject to EU competition rules no matter if they have implemented the agreement directly or indirectly (via an agent or a subsidiary). The default choice of forum is meant to protect the interests of the defendant and a similar choice exists also in U.S. law. The most important exception in this context is the above named one Forum Non Conveniens. I have already identified partly the important case law (e.g. Piper Aircraft Co. v Reyno 454 U.S. 235).

I have found another more recent case Air Cargo Shipping Services, partially concluded with settlements according to U.S. law. http://docs.justia.com/cases/federal/appellate-courts/ca2/11-5464/11-5464-2012-10-11.pdf.

I do not know what was the development in this case, but the arguments provided in this Response letter are very useful. It would be great to know more about the continuation of these EU claims. (Have any settlements been reached concerning the EU claims?)

http://apps.americanbar.org/antitrust/at-committees/at-exemc/pdf/programs/03-27-08/PlaintiffsResponsetoMotiontoDismiss-EUClaims.pdf

A worldwide cartel affects directly and appreciably most often many markets situated under the protection of many jurisdictions (including the EU/EEA). It's obvious that the U.S. law (treble damages) is more favourable to the plaintiff. A possible defence against claims for damages based on EU competition law brought before the U.S. courts is offered by the Forum Non Convenience doctrine. I am grateful for any information about the new case law on this issue (I write a thesis on this matter, so it's a long term project).