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.

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