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Private Antitrust Litigation: Procompetitive or Anticompetitive?


  • R. Preston McAfee
  • Hugo Mialon
  • Sue Mialon


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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  • R. Preston McAfee & Hugo Mialon & Sue Mialon, 2005. "Private Antitrust Litigation: Procompetitive or Anticompetitive?," Emory Economics 0524, Department of Economics, Emory University (Atlanta).
  • Handle: RePEc:emo:wp2003:0524

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    References listed on IDEAS

    1. Baumol, William J & Ordover, Janusz A, 1985. "Use of Antitrust to Subvert Competition," Journal of Law and Economics, University of Chicago Press, vol. 28(2), pages 247-265, May.
    2. Breit, William & Elzinga, Kenneth G, 1985. "Private Antitrust Enforcement: The New Learning," Journal of Law and Economics, University of Chicago Press, vol. 28(2), pages 405-443, May.
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    Cited by:

    1. Peter Grajzl & Andrzej Baniak, 2015. "Private Enforcement, Corruption, and Antitrust Design," CESifo Working Paper Series 5602, CESifo Group Munich.

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