§4.0 I. Introduction

• Jurisdiction: New York

I. INTRODUCTION

As a general matter, New York’s antitrust and consumer protection laws permit aggrieved consumers to act as “private attorneys general” and sue companies for damages and other relief (assuming, of course, that the other legal requirements of the asserted claim are satisfied). Private plaintiffs have also used common law unjust enrichment claims as a vehicle to recover for violations grounded in antitrust law. This chapter discusses such private enforcement under New York law, emphasizing recurring issues such as standing, the availability of class actions, and prohibitions against duplicative recovery.

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