While private rights of action may exist in the member state courts, it is an entirely different situation then in the United States. The U.S. system features relatively easy access to the courthouse, while the European systems generally limit it in practice by bans on contingent fees and loser pays rules. The U.S. system also features jury decision-making, a tendency towards large verdicts, treble damages, and other features not generally known in Europe. A fifth difference concerns the treatment of mergers and acquisitions. In this area U.S. law also follows a regulatory model with its requirements for notification under certain circumstances.
Community law does as well.
The big difference is that under Community law, a merger that does not require notification will not be challenged. U.S. law allows the government to challenge mergers that do not meet the reporting thresholds. A sixth difference concerns analysis of joint ventures and strategic alliances. The difference is critical, for if a consolidation does not meet the reporting threshold under the Merger Control Regulations then it will not be challenged. If it must be analyzed under Article 85 then the situation is far more complex.