Tactical dilatory practice in litigation:Evidence from EC merger proceedings

Ormosi, P.L. ORCID: https://orcid.org/0000-0001-6472-6511 (2012) Tactical dilatory practice in litigation:Evidence from EC merger proceedings. International Review of Law and Economics, 32 (4). pp. 370-377. ISSN 0144-8188

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The economic analysis of delay in legal procedures has received considerable attention in the past. Some of these works focus on the determinants of delay in litigation but very little analysis has been dedicated to examining if tactical delay may actually help the settlement process. The paper shows that in European merger litigation merging parties may decide to tactically challenge discovery attempts, which causes a delay that is strategically used to gain more time to take the necessary steps to avoid a lengthy in-depth investigation. This type of delay can be beneficial to both merging parties and could also contribute to the saving of regulatory resources, and reduce the risks threatening the success of a potentially efficiency enhancing merger.

Item Type: Article
Faculty \ School: Faculty of Social Sciences > Norwich Business School
UEA Research Groups: Faculty of Social Sciences > Research Groups > Responsible Business Regulation Group
Faculty of Social Sciences > Research Centres > Centre for Competition Policy
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Depositing User: Pure Connector
Date Deposited: 10 Sep 2013 05:40
Last Modified: 23 Apr 2023 00:05
URI: https://ueaeprints.uea.ac.uk/id/eprint/43231
DOI: 10.1016/j.irle.2012.08.002

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