The Expanding Trend of Private Enforcement in Antitrust Law
- The Expanding Trend of Private Enforcement in Antitrust Law
- Other Titles
- 독점금지법에 있어서 사적(私的) 집행의 확대경향에 관한 연구
- Pak, Rustam
- Alternative Author(s)
- 박 루스탐
- Issue Date
- All the antitrust law systems provide various means for private enforcement of Antitrust regulations. For example, injured parties are entitled to sue for damages and injunctive relief. There are also various means of incentivizing parties to sue and seek corrective justice. And as expanding trend of private antitrust enforcement is continuing, it is important to adequately assess and analyze this type of enforcement, all the possible implications and outcomes that such an expansion entails.
In this work I try to analyze and comprehend different sides of private antitrust enforcement. General mechanism of both public and private enforcement is also discussed. I demonstrate how incentives to sue can be enhanced and consider ways to facilitate damages actions. Other means of private antitrust enforcement, like class actions, indirect claims, multiple damages, fee shifting rules, passing-on defense etc. are shown in the light of their possible impact on the system of private antitrust enforcement. However, this work does not only concentrate on the benefits of private antitrust enforcement. Potential downsides, like the problem of frivolous litigation, under- and overdeterrence are also discussed, as well as solutions that may help overcome these disadvantages.
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- GRADUATE SCHOOL[S](대학원) > LAW(법학과) > Theses (Master)
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