Price Fixing: Public and Private Enforcement
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Description
This chapter offers insight into how jurisdictions should approach price-fixing sanctions and in particular, the factors they might consider when determining how to impose deterrence-oriented penalties. It uses an analysis of the U.S. enforcement system as the basis for calls for economists, attorneys, and academics to create a set of tools or guidelines entrenched in economic theory and empirical data. It also suggests conditions under which criminal sanctions, especially those that are custodial, are applicable. Finally, it points to the complexities that arise when one attempts to determine optimal deterrence while accounting for private as well as public enforcement. Further, the appropriate mix of sanctions should take into account the economic literature on the deterrent value of available penalties and the existence of an active system of private enforcement.
Source Publication
Research Handbook on the Law and Economics of Competition Enforcement
Source Editors/Authors
Ioannis Kokkoris, Claudia Lemus
Publication Date
2022
Recommended Citation
Rubinfeld, Daniel L., "Price Fixing: Public and Private Enforcement" (2022). Faculty Chapters. 1814.
https://gretchen.law.nyu.edu/fac-chapt/1814
