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Private Antitrust Litigation: Procompetitive or Anticompetitive?

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Author Info
R. Preston McAfee
Hugo Mialon ()
Sue Mialon ()

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Abstract

The antitrust laws are intended to permit procompetitive actions by firms and deter anticompetitive actions. We consider firms’ incentives to use the antitrust lawsuits for strategic purposes, in particular to prevent procompetitive efficiency-improvement by rival firms. Our main result is that, ceteris paribus, smaller firms in more fragmented industries are more likely to use the antitrust laws strategically than larger firms in concentrated industries.

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Paper provided by Department of Economics, Emory University (Atlanta) in its series Emory Economics with number 0524.

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Date of creation: Aug 2005
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Handle: RePEc:emo:wp2003:0524

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Web page: http://www.economics.emory.edu/Working_Papers/wp/
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  1. Baumol, William J & Ordover, Janusz A, 1985. "Use of Antitrust to Subvert Competition," Journal of Law & Economics, University of Chicago Press, vol. 28(2), pages 247-65, May.
  2. Breit, William & Elzinga, Kenneth G, 1985. "Private Antitrust Enforcement: The New Learning," Journal of Law & Economics, University of Chicago Press, vol. 28(2), pages 405-43, May.
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  1. Bourjade, Sylvain & Rey, Patrick & Seabright, Paul, 2009. "Private Antitrust Enforcement in the Presence of Pre-Trial Bargaining," IDEI Working Papers 499, Institut d'Économie Industrielle (IDEI), Toulouse. [Downloadable!]
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This page was last updated on 2009-11-18.

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