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http://ssrn.com/abstract=1090661
 
 

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Benefits from Private Antitrust Enforcement: An Analysis of Forty Cases


Robert H. Lande


University of Baltimore - School of Law

Joshua P. Davis


University of San Francisco - School of Law

2008

University of San Francisco Law Review, Vol. 42, p. 879, 2008
Univ. of San Francisco Law Research Paper No. 2010-07

Abstract:     
The goal of this Report is to take a first step toward providing an empirical basis for assessing whether private enforcement of the antitrust laws is serving its intended purposes and is in the public interest. To do this the Report assembles, aggregates, and analyzes information about forty of the largest recent successful private antitrust cases. This information includes, inter alia, the amount of money each action recovered, what proportion of the money was recovered from foreign entities, whether the private litigation was preceded by government action, the attorneys' fees awarded to plaintiffs' counsel, on whose behalf money was recovered (direct purchasers, indirect purchasers, or a competitor), and the kind of claim the plaintiffs asserted (rule of reason, per se, or a combination of the two). The article also compares the amounts collected from all antitrust violations together, and also from cases that also resulted in criminal penalties, to the total of all criminal antitrust fines imposed during the same period by the U.S. Department of Justice. This information is then used to help formulate policy conclusions about the desirability and efficacy of private enforcement of the antitrust laws.

Number of Pages in PDF File: 41

Keywords: antitrust law, private enforcement, empirical research

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Date posted: February 11, 2008 ; Last revised: April 27, 2010

Suggested Citation

Lande, Robert H. and Davis, Joshua P., Benefits from Private Antitrust Enforcement: An Analysis of Forty Cases (2008). University of San Francisco Law Review, Vol. 42, p. 879, 2008; Univ. of San Francisco Law Research Paper No. 2010-07. Available at SSRN: http://ssrn.com/abstract=1090661

Contact Information

Robert H. Lande
University of Baltimore - School of Law ( email )
1420 N. Charles Street
Baltimore, MD 21218
United States
Josh Paul Davis (Contact Author)
University of San Francisco - School of Law ( email )
2130 Fulton Street
San Francisco, CA 94117
United States
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