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Optimizing Private Antitrust Enforcement
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TLDR
In the United States, private enforcement is usually justified on either compensation or deterrence grounds, and while the choice between these two goals matters, private litigation is not very effective at advancing either one as discussed by the authors.Abstract:
Private litigation is the predominant means of antitrust enforcement in the United States. Other jurisdictions around the world are increasingly implementing private enforcement models. Private enforcement is usually justified on either compensation or deterrence grounds. While the choice between these two goals matters, private litigation is not very effective at advancing either one. Compensation fails because the true economic victims of most antitrust violations are usually downstream consumers who are too numerous and remote to locate and compensate. Deterrence is ineffective because the time lag between the planning of the violation and legal judgment day is usually so long that the corporate managers responsible for the planning have left their corporate employer before the employer internalizes the cost of the violation. Private litigation needs to be entirely reconceptualized and redirected toward a forward-looking, problem-solving approach to market power issues.read more
Citations
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The Australian Competition and Consumer Commission Immunity Policy for Cartel Conduct: A Critical Legal Analysis
TL;DR: The United States Corporate Leniency Policy Incarnate (CLPLP) was created by the American Chamber of Commerce of Commerce and the United States Chamber of Deputies (CDPP).
Journal ArticleDOI
Public and Private Enforcement of Competition Law - A Differentiated Approach
Kai Hüschelrath,Sebastian Peyer +1 more
TL;DR: In this paper, the authors investigate the relationship between public and private enforcers introducing a more differentiated approach, taking into account that the costs and benefits of detection and prosecution may change with a variation of the type of anticompetitive conduct.
Book
The Shaping of EU Competition Law
TL;DR: The Shaping of EU Competition Law combines qualitative and quantitative approaches to shed light on the evolution of EU competition law as discussed by the authors, which brings a new perspective to some of the most topical issues in the field including due process and the intensity of judicial review.
DissertationDOI
Collective alternative dispute resolution (ADR) for the private enforcement of EU competition law
Journal ArticleDOI
Disclosure of evidence in cartel litigations in the eu: is balance of victims’ rights and public interests possible?
TL;DR: In this paper, an assessment of disclosure rules in the European Union and a perspective for implementation of the US discovery rules to improve European private enforcement is presented, where the influence of tension between disclosure of evidence and leniency program on the effectiveness of protection of information is analyzed in order to propose areas for improvement and solutions to find a balance between some inconsistencies of the EU disclosure rules with interests of European plaintiffs in cartel litigations.
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