Antitrust Harm and Causation
نویسندگان
چکیده
How should plaintiffs show harm from antitrust violations? The inquiry naturally breaks into two issues: first, what is the nature of harm? and second, does proof causation require? best criterion for assessing likely or reasonably anticipated output effects. Antitrust’s goal be as high consistent with sustainable competition. The standard then depends on things: identity enforcer remedy that plaintiff seeking. It not necessarily depend which statute seeking to enforce. For public agencies, enforcement involves both condemnation past management future risks. concern, in most areas enforcement, behavior have harmful anticompetitive consequences unless it restrained. While a showing actual has evidentiary importance, cases authorities need actually occurred, but only challenged conduct poses an unreasonable danger will occur. By contrast, private enforcers operate under stricter requirements require injury damages actions, individually threatened injunction. These differences are explicit various federal statutes authorize actions. They also similar division legal system generally, particularly distinction between criminal law tortious conduct.
منابع مشابه
Legal causation and responsibility for causing harm.
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ژورنال
عنوان ژورنال: Social Science Research Network
سال: 2021
ISSN: ['1556-5068']
DOI: https://doi.org/10.2139/ssrn.3771399