Download or read book Benefits from Private Antitrust Enforcement written by Robert H. Lande and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Introduction written by Robert H. Lande and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This short piece takes a first step toward providing the empirical bases for an assessment of the benefits of private enforcement. It presents evidence showing that private enforcement of the antitrust laws is serving its intended purposes and is in the public interest. Private enforcement helps compensate victimized consumers, and it also helps deter anticompetitive conduct. This piece demonstrates this by briefly summarizing a more detailed analysis of forty of the largest recent successful private antitrust cases. To analyze these cases' compensation effects this presents, 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 $21.9 to $23.9 billion (in 2010 dollars) returned to victims helped compensate many victims of illegal behavior. To analyze their deterrence effects, the article also briefly compares the amounts awarded in these 40 cases to the deterrence effects of every DOJ cartel case from the same period (including the deterrence effects of criminal fines and incarceration). This article shows that private enforcement of the U. S. antitrust laws - which usually is derided as essentially worthless - probably serves as a more important deterrent of anticompetitive behavior than the most esteemed antitrust program in the world, criminal enforcement by the Antitrust Division. The debate over the value of private antitrust enforcement long has been heavy with self-serving but unproven assertions by powerful economic interests. This article should cause many in both the United States and in Europe to reevaluate their views as to the overall efficacy of private antitrust enforcement.

Download or read book Nolo Contendere and Private Antitrust Enforcement written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Antitrust and Monopoly and published by . This book was released on 1967 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Study of the Antitrust Treble Damage Remedy written by Peter W. Rodino and published by . This book was released on 1984 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Private Enforcement of the Antitrust Laws written by Warren F. Schwartz and published by A E I Press. This book was released on 1981 with total page 54 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Private Enforcement of Antitrust Law in the United States written by Albert A. Foer and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private Enforcement of Antitrust Law in the United States is a comprehensive Handbook, providing a detailed, step-by-step examination of the private enforcement process, as illuminated by many of the country's leading practitioners, experts, and scholars. Written primarily from the viewpoint of the complainant, the Handbook goes well beyond a detailed cataloguing of the substantive and procedural considerations associated with individual and class action antitrust lawsuits by private individuals and businesses. It is a collection of thoughtful essays that delves deeply into practical and strategic considerations attending the decision-making of private practitioners. This eminently readable and authoritative Handbook will prove to be an invaluable resource for anyone associated with the antitrust enterprise, including both inexperienced and seasoned practitioners, law professors and students, testifying and consulting economists, and government officials involved in overlapping public/private actions and remedies.

Download or read book Summaries of Twenty Cases of Successful Private Antitrust Enforcement written by Joshua P. Davis and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This document summarizes twenty cases of successful private antitrust enforcement. These twenty summaries build on earlier summaries of forty additional cases of successful private enforcement available at http://ssrn.com/abstract=1105523. An analysis of the data from the original forty cases is available at http://ssrn.com/abstract=1090661 (published as Robert L. Lande and Joshua P. Davis, Benefits From Private Antitrust Enforcement: An Analysis of Forty Cases, 42 U.S.F. L. REV. 879 (2008)) and an argument based on the forty cases that private antitrust enforcement has greater deterrence effects than criminal enforcement by the Department of Justice is available at http://ssrn.com/abstract=1565693 (published as Robert L. Lande and Joshua P. Davis, Comparative Deterrence from Private Enforcement and Criminal Enforcement of the U.S. Antitrust Laws, Brigham Young University Law Review, 315, 2011).

Download or read book Reconciling Efficiency and Equity written by Damien Gerard and published by Cambridge University Press. This book was released on 2019-05-09 with total page 475 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a new conceptualization of competition law as economic inequality and its interaction with efficiency become of central concern to policy and decision-makers.

Download or read book The Role of Private Antitrust Enforcement in Protecting Small Business 1958 written by United States. Congress. Senate. Committee on Small Business and published by . This book was released on 1958 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Toward an Empirical and Theoretical Assessment of Private Antitrust Enforcement written by Joshua P. Davis and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The dominant view in the antitrust field is that private enforcement cases, and especially class actions, accomplish little or nothing positive but, on the contrary, are counterproductive. Despite strongly worded convictions, that view has been premised on anecdotal, self-serving and insufficiently substantiated claims. Indeed, the authors' 2008 study of 40 private cases appears to constitute the only systematic effort to gather information about a significant number of private antitrust actions. That study generated a great deal of controversy, including questioning of our conclusions by high officials at the Department of Justice and by Professor Daniel Crane at the University of Michigan Law School. Given this subject's importance and controversial nature we undertook a supplemental study of 20 additional private antitrust cases. This article analyzes the 20 new cases, compares and contrasts them with that of our earlier group, and draws insights from all 60. The studies demonstrate that private litigation has provided substantial cash compensation to victims of anticompetitive behavior: at least $33.8 to $35.8 billion. The studies also show that private antitrust enforcement has had an extremely strong deterrent effect. In fact, private enforcement probably deters more anticompetitive behavior than even the appropriately acclaimed anti-cartel program of the U.S. Department of Justice Antitrust Division. Another purpose of our study was to ascertain important characteristics of private antitrust cases that could help influence the debate over their efficacy. These include whether there were indicia that the cases had underlying merit, the significance of recoveries from foreign violators of U.S. antitrust law, and the sizes of attorney's fee awards and claims administration expenses. Finally, this article responds to criticisms of our analysis and our conclusions. In particular, we explain why the Department of Justice officials are incorrect in challenging our claims about the deterrence effects of private antitrust enforcement and why Professor Crane is similarly mistaken regarding its compensation effects. We explain why our earlier study did indeed demonstrate the truly significant benefits of private antitrust actions -- conclusions our new empirical work confirms and strengthens.

Download or read book Restoring the Legitimacy of Private Antitrust Enforcement written by Joshua P. Davis and published by . This book was released on 2018 with total page 31 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a draft chapter from the American Antitrust Institute's 2017 recommendations to the 45th President of the United States. It contains a brief but well-deserved defense of the benefits of private antitrust enforcement and a critique of the claims that private enforcement in the United States is excessive, that it leads to overdeterrence, and that the courts are plagued with widespread frivolous antitrust lawsuits. It also offer a number of specific recommendations for the new administration to implement in the private antitrust enforcement area, including:* Educate the courts, the public, and federal and state legislatures about the virtues of vigorous private antitrust enforcement, including how it compensates victims and deters anticompetitive conduct.* Actively support efforts by the European Union and other foreign jurisdictions to develop effective private rights of action.* Encourage states without effective Illinois Brick legislation to adopt strong and comprehensive legislation.* Support and encourage the formulation of antitrust jury instructions written in language that juries can understand.* Undertake a comprehensive study into why so few victims of antitrust violations receive full compensation for their losses. A recent study shows that victims of collusion received only a median of 37% and a mean of 66% of the overcharges they paid to illegal cartels in private damages actions. Why weren't their recoveries closer to the 300% recovery Congress intended? This chapter contains specific recommendations that address this problem.

Download or read book Private Antitrust Actions written by C. Douglas Floyd and published by Aspen Publishers. This book was released on 1996 with total page 1352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Here For The first time is a comprehensive one-volume analysis that helps you to evaluate and successfully bring or defend a private antitrust suit. With Private Antitrust Actions you'll know exactly what it takes to determine if a party has standing to bring a civil antitrust suit, take advantage of (or overcome) available exemptions and immunities, and counsel any business on effective antitrust strategy. With detailed information on how the amount of the award is calculated, you'll be able to evaluate each case for potential recovery (or costs) and attorney's fees. And you'll also see how the federal courts are now interpreting and applying standards governing such matters as: Antitrust injury and standing Federal preemption Insurance exemption for HMOs and managed care plan Labor exemption and professional sports State action immunity Statute of limitations and fraudulent concealment Class certification and settlement Summary judgment and judgment as a matter of law Expert testimony in establishing damages ...plus in-depth exploration of areas where conflicting authority and unresolved questions persist.

Download or read book The Effect of Private Antitrust Damage Remedies on Resource Allocation written by Jonathan B. Baker and published by . This book was released on 1985 with total page 74 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book In Praise of Private Antitrust Litigation written by Spencer Weber Waller and published by . This book was released on 2019 with total page 10 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2017, Professor Alexandra Lahav of the University of Connecticut School of Law published an impressive book entitled In Praise of Litigation. She argues that private civil litigation in the United States is an important tool for democracy. In the preface and introduction, she explains how private civil litigation promotes American democracy:Lawsuits enforce the law by forcing wrongdoers to answer for their conduct; they increase transparency by eliciting information from their adversaries that often benefits the public, and in doing so, they help people participate in self-government. All of this is possible when courts treat litigants as social equals before the law.She is not blind to the costs of the civil litigation system, but contends that those costs are often exaggerated, and the societal benefits usually underappreciated. She emphasizes that disputes about the institutions and procedure of litigation are often merely a proxy for disagreements about the proper types of regulation of potentially harmful conduct. Antitrust is only a minor aspect of Lahav's arguments and discussions. She focuses on the more general mix of civil litigation in state and federal court and showcases a variety of examples involving civil rights, employment discrimination, and tort cases. Professor Lahav's arguments are an excellent jumping off point for how private antitrust litigation has been systematically undervalued and how private claims contribute to the proper functioning of competition policy. In this essay, I argue that private treble damage litigation promotes the four values identified by Lahav: enforcement, transparency, participation, and equality before the law. I also argue that the preference for public over private antitrust enforcement cannot be justified in the text, history, or policy goals of antitrust objectives, with the rare exception of a case involving major structural relief or substantial harm to the foreign policy or the national interests of the United States. I end with a brief look at a likely future where private enforcement continues to be restricted and underserved in the United States, encouraged and nurtured abroad, and how we can do better.

Download or read book Antitrust Enforcement Guidelines for International Operations written by United States. Department of Justice and published by . This book was released on 1995 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Private Antitrust Enforcement in the Presence of Pre Trial Bargaining written by Sylvain Bourjade and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: We study the effect of encouraging private actions for breaches of competition law. We develop a model of litigation and settlement with asymmetric information. We show that screening liable from non-liable defendants requires the Court to restrict the rules governing admissible evidence. We study how to design the rules so as to enhance the role of private litigation in antitrust enforcement and prove that increasing damages is better than reducing costs of initiating suits. We also find large benefits from introducing a system of compensation for defendants found non-liable, paid by unsuccessful plaintiffs.

Download or read book THE ROLE OF PRIVATE ANTITRUST ENFORCEMENT IN PROTECTING SMALL BUSINESS 1958 written by United States. Congress. Senate. Committee on Small Business and published by . This book was released on 1958 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: Considers (85) S. 3079, (85) H.R. 7628.