The role of contribution among defendants in private antitrust litigation

Hviid, Morten and Medvedev, Andrei (2010) The role of contribution among defendants in private antitrust litigation. International Review of Law and Economics, 30 (4). pp. 306-316.

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Abstract

The incidence of private actions for damages in antitrust cases has varied markedly across jurisdictions. The procedural rules surrounding private litigation may account for some of these differences. This paper explores the effect of rules concerning contribution among multiple defendants who are jointly and severally liable for a cartel infringement. The no-contribution rule is shown to lead to higher levels of aggregate damages and more information revelation to the private plaintiff. However the no-contribution rule also has the potential to neutralise any public leniency programme, thereby possibly reducing the number of cartels detected.

Item Type: Article
Faculty \ School: Faculty of Social Sciences > School of Law
UEA Research Groups: Faculty of Social Sciences > Research Groups > Competition, Markets and Regulation
Faculty of Medicine and Health Sciences > Research Centres > Business and Local Government Data Research Centre
Faculty of Social Sciences > Research Groups > Media, Information Technology and Intellectual Property Law
Faculty of Social Sciences > Research Centres > Centre for Competition Policy
Depositing User: Morten Hviid
Date Deposited: 11 Apr 2011 08:26
Last Modified: 22 Apr 2023 00:19
URI: https://ueaeprints.uea.ac.uk/id/eprint/27800
DOI: 10.1016/j.irle.2010.08.003

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