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Extraterritorial Antitrust Enforcement and the Myth of International Consensus [PDF]
Mehra, Salil K.
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Private Antitrust Enforcement: The New Learning
The Journal of Law and Economics, 1985UNTIL recent years, the treble-damages provision of the federal antitrust arsenal went almost unchallenged. There were some early critics, Thurman Arnold being the most distinguished, but they were few. The literature and commentary of antitrust during the decades of the nineteenforties, fifties, and sixties contain numerous criticisms of the state of ...
Breit, William, Elzinga, Kenneth G.
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Private v. public antitrust enforcement: A strategic analysis
Journal of Public Economics, 2005We compare private and public enforcement of the antitrust laws in a simple strategic model of antitrust violation and lawsuit. The model highlights the tradeoff that private firms are initially more likely than the government to be informed about antitrust violations, but are also more likely to use the antitrust laws strategically, to the ...
McAfee, R. Preston +2 more
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Private Antitrust Enforcement at a Roundabout
European Business Organization Law Review, 2006Private enforcement of EC competition law has reached a new stage with the publication of the European Commission’s Green Paper entitled ‘Damages actions for breach of the EC antitrust rules’. Even though it is unclear whether any legislative action at the Community level will follow, the Green Paper has triggered a lively debate.
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Private Enforcement of Antitrust Law
2012The notion of private enforcement assumes some kind of deviation from the general discipline, in order to incentivize judicial initiatives of private parties. European law does not contemplate any consistent proxy of a specific regime shaped after the goal of promoting private initiatives against breach of competition law.
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“UMBRELLA EFFECTS” AND PRIVATE ANTITRUST ENFORCEMENT
The Cambridge Law Journal, 2014UMBRELLA effects arise where anti-competitive conduct by one or more market actors results in general price rises across the sector concerned. The Court of Justice of the European Union has, with its preliminary ruling in Case C-557/12, Kone and others v OBB-Infrastruktur AG, Judgment of 5 June 2014, EU:C:2014:1317, now addressed the potential legal ...
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Aspects Of Private Antitrust Enforcement
1999Abstract The system of private antitrust enforcement in the USA is sometimes perceived1 as having immediately sprung full-blown into existence upon the passage of the Sherman Act in 1890. However, during the first 50 years of the Sherman Act only 175 private actions were brought and only 13 of those were recorded as successful for the
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