Such private lawsuits are on the rise in Europe, says Elizabeth Morony of Clifford Chance, a law firm.

ECONOMIST: Cartels: Fixing for a fight | The

In America, says Chris Bright of Clifford Chance, a law firm based in London, price-fixers face two other worries that their British counterparts have so far been spared.

ECONOMIST: Competition policy

As Simon Gleeson of Clifford Chance, a law firm, points out, no government will care as much about treating foreign creditors fairly as it cares about compensating its own people.

ECONOMIST: Reshaping banking

But there are good reasons to keep the European operations out of insolvency while the company restructures in America, says Mark Hyde, a specialist in cross-border restructuring at Clifford Chance, a law firm.

ECONOMIST: Corporate bankruptcy

The greater worry is that, in trying to legislate good behaviour, the bill may make business decisions subject to subsequent review in court, says Adrian Levy, a partner at Clifford Chance, a law firm.

ECONOMIST: A proposed new bill would invite judges into the boardroom