Private Antitrust Litigation: Procompetitive or Anticompetitive?
R. Preston McAfee
Yahoo! Research Labs
Hugo M. Mialon
Emory University - Department of Economics
Sue H. Mialon
August 16, 2005
Emory Law and Economics Research Paper No. 05-18
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.
Number of Pages in PDF File: 14
JEL Classification: L44, K21, H11
Date posted: August 19, 2005