Consent Decrees and the Private Action: An Antitrust Dilemma

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...

Commitments or Prohibition? the Eu Antitrust Dilemma

The European Commission relies increasingly on commitment decisions. More transparency on the substance of allegations, and the establishment of a higher number of legal precedents, are however necessary. This applies in particular to cases that tackle antitrust issues in new areas, such as markets for digital goods, in which companies might find it difficult to assess if a certain behaviour co...

A private right of action for informed consent in research.

INTRODUCTION ............................................................................ 174 I. A PRIVATE RIGHT OF ACTION FOR TREATMENT BUT NOT RESEARCH .......................................................................... 177 A. Informed Consent to Treatment ............................... 177 B. Informed Consent to Research .................................. 183 II. THE EVOLVING RESEARC...

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...

Damages in Private Antitrust Actions in Europe