The Strategic Use of Public and Private Litigation in Antitrust as Business Strategy
D. Daniel Sokol
University of Florida - Levin College of Law; University of Minnesota School of Law; George Washington University Law School Competition Law Center
March 23, 2012
Southern California Law Review, Vol. 85, 2012
Minnesota Legal Studies Research Paper No. 13-02
This Article claims that there may be a subset of cases in which private rights of action may work with public rights as an effective strategy for a firm to raise costs against rival dominant firms. A competitor firm may bring its own case (which is costly) and/or have government bring a case on its behalf (which is less costly). Alternatively, if the competitor firm has sufficient financial resources, it can pursue an approach that employs both strategies simultaneously. This situation of public and private misuse of antitrust may not happen often. As the Article will explore, it is not only a theoretical argument. This Article will provide examples of where this may have occurred both in antitrust's formative years and in its present.
Number of Pages in PDF File: 44
Keywords: antitrust, enforcement, private rights, federal antitrust, state antitrust, public choice, Standard Oil, Intel, Microsoft, Google,
JEL Classification: K21, L40, L12, D72Accepted Paper Series
Date posted: March 25, 2012 ; Last revised: January 14, 2013
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