Determinants of Private Antitrust Enforcement in the United States

Leah Brannon, Douglas Ginsburg, Sep 01, 2005

This paper offers a historical overview of private antitrust enforcement in the United States and an explanation of why private case filings have increased and decreased over the years. It addresses: (1) some of the general factors influencing the level of private litigation; (2) the historical trend in private antitrust litigation in the United States; (3) the cause of the significant increase in private antitrust case filings in the 1970s and the subsequent decrease in the 1980s; and (4) what the U.S. experience may suggest for those in the European Community and elsewhere who are considering how to expand the role of private enforcement.

Links to Full Content

• Ginsburg and Brannon (Sep. 2005)