sequence. A rule opening the door to marginal plaintiffs after settlement would virtually force defendants not to settle until all possible complainants were brought into the action or until the statute of limitations had run. Such behavior would clearly make it more difficult to prosecute antitrust violations and “undermine[] the effectiveness of treble-damages suits.” Associated General, 459 U.S. at 545, 103 S.Ct. at 912. Besides, allowance of the present suit would unequivocally expose defendants to the risk of multiple liability,' an alternative the Court has emphatically rejected. Illinois Brick, 431 U.S. at 730-31, 97 S.Ct. at 2066-67 (citing Hawaii v. Standard Oil Co., 405 U.S. 251, 264, 92 S.Ct. 885, 892, 31 L.Ed.2d 184 (1972)). See also id. at 731 n. 11, 97 S.Ct. at 2067 n. 11 (<HOLDING>). The controlling factors under Associated
recognizing that risk of multiple liability is particularly great where some parties settle holding parties to an exculpatory clause where the parties intent is clear recognizing that injury is a prerequisite to liability recognizing that comity is particularly important in context of foreign bankruptcy proceedings holding that some evidence of individualized risk is necessary to establish the sufficient likelihood of future persecution