Competition in the Private Enforcement of Regulatory Law

9 Pages Posted: 7 May 2008  

Hannah L. Buxbaum

Indiana University Bloomington Maurer School of Law

Date Written: April 30, 2008

Abstract

This short essay was prepared for a conference on economic law that focused in part on the development of inter-jurisdictional competition between regulatory systems. The essay addresses private enforcement of regulatory law, inquiring whether some form of competition might develop between national systems for the private damages claims of parties injured by regulatory violations. It considers some situations in which plaintiffs have a choice of legal regime in which to assert such claims, and the benefits that competition for them might bring. However, it notes that unlike the competition for corporate charters, this form of competition would necessarily remain quite limited, and concludes that its costs would therefore likely outweigh its benefits.

Keywords: regulatory competition, private enforcement, antitrust, securities

JEL Classification: K21, K22, K33, K41

Suggested Citation

Buxbaum, Hannah L., Competition in the Private Enforcement of Regulatory Law (April 30, 2008). Available at SSRN: https://ssrn.com/abstract=1129832 or http://dx.doi.org/10.2139/ssrn.1129832

Hannah L. Buxbaum (Contact Author)

Indiana University Bloomington Maurer School of Law ( email )

211 S. Indiana Avenue
Bloomington, IN 47405
United States

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