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Private v. public antitrust enforcement: A strategic analysis
We 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 and the role of harmed parties in public enforcement
European Journal of Law and Economics, 2015It is commonly believed that the possibility to sue privately for antitrust damages increases the probability that anticompetitive actions are prosecuted at the cost of an increased probability that procompetitive actions are prosecuted. We extend the analysis by taking into account that private parties often submit evidence during public investigation.
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The challenges of private antitrust enforcement in transition economies
International Journal of Law and Management, 2010PurposeThe purpose of this paper is to examine the practical and legal challenges and barriers to the development of a private action in antitrust controls and to project those onto a consideration of the development of such rights of action through a case study of Brazil.Design/methodology/approachThe paper provides a critical review of both the ...
James Kirkbride, Steve Letza
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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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Limits to the private enforcement of antitrust law
Following Regulation No. 1/2003 EC which permits the substitution of decentralised and private enforcement for centralised and public enforcement of Articles 81 and 82 EC, the European Commission in December 2005 presented a Green Paper on "damages actions for breach of the EC antitrust rules".
Thomas Eger, Peter Weise
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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 Antitrust Enforcement - Status Quo in Italy
Since at least fifteen years private enforcement of EU and Italian antitrust rules has become a substantial phenomenon in the Italian practice, and its importance has significantly increased, both in terms of quantity and quality of the cases. This fact has of course to do with the modernization of EU antitrust law.
CORTESE, BERNARDO
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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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