Dutch Foundations and overseas direct litigation in antitrust class actions on the rise

Dutch Foundations are emerging as a mechanism to resolve overseas antitrust matters, a trend we expect will likely accelerate in 2017. Last year, we saw Dutch Foundations for Forex and other rate manipulation matters. These settlement vehicles are particularly popular with U.S. law firms seeking involvement in overseas matters.

Also outside of the U.S., financial scandals and resulting losses are driving many institutions to consider pursuing direct group actions, particularly where there is no class action mechanism available. By contrast, we have not witnessed investors in the U.S. opting-out of antitrust actions.

To learn more about these antitrust trends and others affecting litigation in the U.S. and abroad, download FRT’s 2016 Year in Review – Antitrust Class Action Litigation & Settlements.

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