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The role of private litigation in antitrust enforcement

Author

Listed:
  • Bourjade, Sylvain

Abstract

In this article, we study the effects of encouraging private actions for breaches of competition law. We also analyze how to design a private litigation system which deters anticompetitive actions without deterring legitimate pro-competitive actions.

Suggested Citation

  • Bourjade, Sylvain, 2009. "The role of private litigation in antitrust enforcement," MPRA Paper 34818, University Library of Munich, Germany.
  • Handle: RePEc:pra:mprapa:34818
    as

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    File URL: https://mpra.ub.uni-muenchen.de/34818/1/MPRA_paper_34818.pdf
    File Function: original version
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    References listed on IDEAS

    as
    1. Baker, Scott & Mezzetti, Claudio, 2001. "Prosecutorial Resources, Plea Bargaining, and the Decision to Go to Trial," Journal of Law, Economics, and Organization, Oxford University Press, vol. 17(1), pages 149-167, April.
    2. Reinganum, Jennifer F, 1988. "Plea Bargaining and Prosecutorial Discretion," American Economic Review, American Economic Association, vol. 78(4), pages 713-728, September.
    3. Ezra Friedman & Abraham L. Wickelgren, 2006. "Bayesian Juries and The Limits to Deterrence," Journal of Law, Economics, and Organization, Oxford University Press, vol. 22(1), pages 70-86, April.
    4. 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.
    5. Schrag, Joel & Scotchmer, Suzanne, 1994. "Crime and Prejudice: The Use of Character Evidence in Criminal Trials," Journal of Law, Economics, and Organization, Oxford University Press, vol. 10(2), pages 319-342, October.
    6. Jennifer F. Reinganum & Louise L. Wilde, 1986. "Settlement, Litigation, and the Allocation of Litigation Costs," RAND Journal of Economics, The RAND Corporation, vol. 17(4), pages 557-566, Winter.
    7. Lucian Arye Bebchuk, 1984. "Litigation and Settlement under Imperfect Information," RAND Journal of Economics, The RAND Corporation, vol. 15(3), pages 404-415, Autumn.
    8. Sylvain Bourjade & Patrick Rey & Paul Seabright, 2009. "PRIVATE ANTITRUST ENFORCEMENT IN THE PRESENCE OF PRE-TRIAL BARGAINING -super-," Journal of Industrial Economics, Wiley Blackwell, vol. 57(3), pages 372-409, September.
    9. Katz, Avery, 1990. "The effect of frivolous lawsuits on the settlement of litigation," International Review of Law and Economics, Elsevier, vol. 10(1), pages 3-27, May.
    Full references (including those not matched with items on IDEAS)

    More about this item

    Keywords

    Private Antitrust Litigation;

    JEL classification:

    • K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law
    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process
    • L40 - Industrial Organization - - Antitrust Issues and Policies - - - General

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