The Ambivalent Effect of Antitrust Damages on Deterrence

By Miriam C. Buiten

When a cartel is revealed, cartel participants face substantial civil damages claims next to public fines. In Europe, the recent increase in private damages actions brought on the concern that the leniency program could become less attractive, since they shield firms only from public fines. At the same time, civil liability may help discourage cartels altogether by increasing the expected costs of colluding. This note discusses this ambivalent effect of antitrust damages act