Antitrust Injunctions: A Flexible Private Remedy

Disgorgement as an Antitrust Remedy

My topic is an antitrust remedy that is legally available, enormously powerful, but seldom used—disgorgement. I want to ask what explains the rare usage of this remedy in antitrust cases and whether the reasons for its historic backstage status continue to apply today to dominant firm misconduct. More provocatively, given the growing obstacles to private and class action damage suits and the fr...

Private Antitrust Enforcement Revisited: The Role of Private Incentives to Report Evidence to the Antitrust Authority

It is commonly believed that the possibility to sue privately for antitrust damages decreases the number of type II errors in enforcement at the cost of creating more type I errors. We extend the analysis by taking into account the fact that private parties often submit evidence during public prosecution. Such parties consider private suit as a partial substitute for public prosecution, as both...

Damages in Private Antitrust Actions in Europe

When Mergers Become A Private Matter: An Updated Antitrust Primer

COMPANIES PURSUING MERGERS and acquisitions that raise potential antitrust issues typically obtain counsel on the likelihood of government investigations and enforcement actions. When it comes to assessing such risks, even businesses that only infrequently engage in M&A activity generally know the right questions to ask. In most instances, therefore, these issues are given appropriate advance c...

Anticompetitive Patent Injunctions