Lande, Robert H. --- "Introduction: Benefits of Private Enforcement: Empirical Background" [2012] ELECD 844; in Foer, A. Albert; Stutz, M. Randy (eds), "Private Enforcement of Antitrust Law in the United States" (Edward Elgar Publishing, 2012)

Book Title: Private Enforcement of Antitrust Law in the United States

Editor(s): Foer, A. Albert; Stutz, M. Randy

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9780857939593

Section Title: Introduction: Benefits of Private Enforcement: Empirical Background

Author(s): Lande, Robert H.

Number of pages: 13

Extract:

Introduction: Benefits of private enforcement1
Robert H. Lande2


The purpose and design of the AAI private enforcement study
Results of the study: Compensation
Results of the study: Deterrence
1. Deterrence from the DOJ criminal anti-cartel enforcement program
2. Deterrence from private antitrust litigation
Were the private actions good cases?
Conclusions

Many commentators, especially members of the defense bar, have criticized the existing
United States system of private antitrust litigation. Some assert that private actions all
too often result in remedies that provide lucrative fees for plaintiffs' lawyers but secure no
significant benefits for overcharged victims.3 Others suggest that private litigation merely
follows an easy trail blazed by government enforcers and adds little of public benefit to
government sanctions.4 Yet others contend that, in light of government enforcement,

1
This chapter is a condensation and revision of two articles by Robert H. Lande &
Joshua P. Davis: Benefits From Private Antitrust Enforcement: An Analysis of Forty Cases, 42
USF. L. Rev. 879 (2008), available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1090661
[hereinafter Benefits: An Analysis], and Comparative Deterrence from Private Enforcement and
Criminal Enforcement of the U.S. Antitrust laws, 2010 BYU L. Rev. 315 (2011), available at http://
papers.ssrn.com/sol3/papers.cfm?abstract_id=1565693 [hereinafter Comparative Deterrence]. For
summaries of the individual case studies analyzed in this article, see Benefits from Antitrust
Private Antitrust Enforcement: Forty Individual Case Studies, http://papers.ssrn.com/sol3/papers.
cfm?abstract_id=1105523 [hereinafter Benefits: Individual Case Studies].
...