Coordinating private class action and public agency enforcement of antitrust law

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Coordinating private class action and public ...
David Rosenberg
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December 19, 2020 | History

Coordinating private class action and public agency enforcement of antitrust law

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"This essay sketches a new approach to ameliorating the problem of coordinating the use of private class actions and public policing to enforce American antitrust law. Achieving the optimal joint level of enforcement from any system that teams public and private law enforcers requires a coordination mechanism to assure not only that each makes the appropriately motivated and proportionate investment of resources and effort, but also that their respective contributions are properly synchronized and combined. Our proposal addresses this double-sided coordination problem. Its key elements are (i) mandatory-litigation class action; (ii) total enforcement license initially vested with the public enforcer; (iii) auction of private license to enforce class action; (iv) auction proceeds deposited with and distributed by the court for compensatory purposes; and (v) public enforcer option to buy back the private license at the winning bid price. We suggest that our approach is superior to the current practice of judicial coordination (through, for example, statutory interpretation, pre-emption, and class action prerequisites), which suffers from high information costs, and to proposals for reform that give public enforcers the option of “first refusal” or of intervening to take some control over the class action, which regulate only private enforcers"--John M. Olin Center for Law, Economics, and Business web site.

Publish Date
Publisher
Harvard Law School
Language
English

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Edition Availability
Cover of: Coordinating private class action and public agency enforcement of antitrust law
Coordinating private class action and public agency enforcement of antitrust law
2005, Harvard Law School
Electronic resource in English

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Book Details


Edition Notes

Title from PDF file as viewed on 3/19/2007.

Includes bibliographical references.

Also available in print.

System requirements: Adobe Acrobat Reader.

Mode of access: World Wide Web.

Published in
Cambridge, MA
Series
Discussion paper -- no. 523, Discussion paper (John M. Olin Center for Law, Economics, and Business : Online) -- no. 523.

Classifications

Library of Congress
K487.E3

The Physical Object

Format
Electronic resource

ID Numbers

Open Library
OL16251328M
LCCN
2007615553

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December 19, 2020 Edited by MARC Bot import existing book
December 10, 2009 Created by WorkBot add works page