*We are grateful to three anonymous referees, to Greg McCurdy and to participants in seminars in Florence, Toulouse, the ACLE 2007 conference in Amsterdam, the 3rd CRESSE conference in Athens and the EARIE 2008 conference in Toulouse for helpful comments. The usual disclaimer applies.
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PRIVATE ANTITRUST ENFORCEMENT IN THE PRESENCE OF PRE-TRIAL BARGAINING†
Article first published online: 27 AUG 2009
DOI: 10.1111/j.1467-6451.2009.00383.x
© 2009 The Authors. Journal compilation © 2009 Blackwell Publishing Ltd. and the Editorial Board of The Journal of Industrial Economics
Issue
The Journal of Industrial Economics
Special Issue: CRESSE SYMPOSIUM ON COMPETITION POLICY: PROCEDURES, INSTITUTIONS AND INTELLECTUAL PROPERTY RIGHTS Edited by Yannis Katsoulacos and David Ulph
Volume 57, Issue 3, pages 372–409, September 2009
Additional Information
How to Cite
BOURJADE, S., REY, P. and SEABRIGHT, P. (2009), PRIVATE ANTITRUST ENFORCEMENT IN THE PRESENCE OF PRE-TRIAL BARGAINING. The Journal of Industrial Economics, 57: 372–409. doi: 10.1111/j.1467-6451.2009.00383.x
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Publication History
- Issue published online: 27 AUG 2009
- Article first published online: 27 AUG 2009
- Abstract
- Article
- References
- Cited By
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.