The Expanding Trend of Private Enforcement in Antitrust Law

Title
The Expanding Trend of Private Enforcement in Antitrust Law
Other Titles
독점금지법에 있어서 사적(私的) 집행의 확대경향에 관한 연구
Author
Pak, Rustam
Alternative Author(s)
박 루스탐
Advisor(s)
김차동
Issue Date
2018-08
Publisher
한양대학교
Degree
Master
Abstract
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.
URI
http://dcollection.hanyang.ac.kr/common/orgView/000000106827http://repository.hanyang.ac.kr/handle/20.500.11754/75653
Appears in Collections:
GRADUATE SCHOOL[S](대학원) > LAW(법학과) > Theses (Master)
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