This Paper presents information about forty of the largest recent successful private antitrust cases. To do this, the paper gathers information about each case, including, inter alia, (1) the amount of money each action recovered for the victims of each alleged antitrust violation, (2) what...

Although full faith and credit for tribal court judgments in state courts and the reverse situation, state court judgments enforced through tribal courts, have received substantial scholarly attention, no commentators have looked at the full faith and credit question from the point of view of...

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...

An important provision in each of the final judgments in the government's Microsoft antitrust case requires Microsoft "make available" to software developers the communications protocols that Windows client operating systems use to interoperate "natively" (that is, without adding software) with...

This paper addresses the SEC's recent use of the corporate monitor as ancillary relief in its enforcement actions. The corporate monitor represents the latest example of the SEC seeking to shift its enforcement responsibilities to the public companies it regulates. Focusing on the role played by...

The article focuses on various aspects of intellectual property law, international law and sports law. Specifically, the article exams methods by which sports teams and organizations can best protect their intellectual property rights (IPR) in the emerging commercial sports market of China. The...

In the United States private contracts are policed using a combination of statutory prohibitions and the doctrine of unconscionable contracts. With the exception of Australia and perhaps Canada, in this the United States stands alone, For the rest of the world, including common law jurisdictions...

In antitrust enforcement, in the context of cost-benefit analysis, neoclassical economics may be interpreted as arguing for the use of a total welfare standard whose implementation treats transfers as welfare-neutral. Several recent papers call for antitrust agencies to move in the direction of...

This article formulates a principled criminalisation framework in order to argue for the necessity of criminal sanctions as punishment under EC cartel law. It examines the traditional rationales of criminal punishment, demonstrating their relative merits and demerits. The theoretical usefulness...

Although a punishment can be applied only once, the threat to punish can be repeated several times. This is possible because, when parties comply, the punishment is not applied and can thus be used to support a new threat. We refer to this feature of sticks as the "multiplication effect". The...