Showing 1 - 10 of 745,318
This paper reviews the legal and economic structure of the class action litigation model in the United States, as set forth by rule 23 of US civil procedure, exploring the requirements for obtaining class certification and maintaining a class action. I analyze a number of critical issues and...
Persistent link: https://www.econbiz.de/10012733001
An EC Green Paper in 2005 asked for comments on an array of possible reform measures aimed at encouraging private antitrust damage actions in the national courts of the EC’s member states. One of the questions the Green Paper raised was “how should damages be defined?” Should they be...
Persistent link: https://www.econbiz.de/10014176683
If an antitrust fine has been imposed on a company, the question of managerial recourse liability arises. We present … court cases from the Netherlands, the UK, and Germany, in part denying managerial liability and claiming that it would … undermine the fines’ deterrent effect. We analyse whether managerial liability should be limited or banned to prevent, on the …
Persistent link: https://www.econbiz.de/10014344596
The conventional wisdom is that current antitrust damage levels are too high, lead to overdeterrence, and should be cut back. Although most agree that threefold damages are fine for cartels, the combination of treble damages to direct purchasers and another treble damages to indirect purchasers...
Persistent link: https://www.econbiz.de/10012772132
To encourage private actions for damages in antitrust cases some jurisdictions subtract a fraction of the redress from the fine. We analyze the effectiveness of this policy. Such a rebate does not encourage settlement negotiations that would otherwise not occur. If, however, the parties settle...
Persistent link: https://www.econbiz.de/10012842842
To encourage private actions for damages in antitrust cases some jurisdictions subtract a fraction of the redress from the fine. We analyze the effectiveness of this policy. Such a rebate does not encourage settlement negotiations that would otherwise not occur. If, however, the parties settle...
Persistent link: https://www.econbiz.de/10012159842
Following various proposals in the academic literature, and in the light of the observed decrease in the number of leniency applications received by European competition authorities in the period 2015 – 2020, the German Monopolies Commission (Monopolkommission) proposed in 2022 to amend the...
Persistent link: https://www.econbiz.de/10014347452
Private antitrust litigation often involves a dominant firm being accused of exclusionary conduct by a smaller rival. In such cases, the defendant generally has a much larger financial stake in the outcome. We explore the implications of this asymmetry in a model of litigation with endogenous...
Persistent link: https://www.econbiz.de/10012838366
In the current system of EC antitrust enforcement, the European Commission combines the investigative and prosecutorial function with the adjudicative or decision-making function. The purpose of this article is to analyse the advantages and disadvantages of this system, in comparison with a...
Persistent link: https://www.econbiz.de/10014211857
This article examines how the burden of proof is allocated in private antitrust suits in China, and tries to assess whether the criticism about the high burden of proof is merited. In that quest, the article lays out the general principle for the burden of proof in antitrust cases in China. It...
Persistent link: https://www.econbiz.de/10012825501