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Why isn’t “Deterrence” Included in the Measurements of Antitrust “Enforcement”?

BY | November 21, 2019

Enforcement of the antitrust laws is often associated with a simple count of the annual number of government-initiated cases – with fewer cases associated with weaker enforcement, and vice-versa. This…

Enforcement of the antitrust laws is often associated with a simple count of the annual number of government-initiated cases – with fewer cases associated with weaker enforcement, and vice-versa. This position is largely inconsistent with a belief that more enforcement efforts can deter violations. The presence of deterrence yields an inverted parabola – a “Laffer Curve” – that relates cases brought to enforcement efforts. The right-hand side of this curve generates the opposite result

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