Your Money and Your Life
Your Money and Your Life
The Export of U.S. Antitrust Remedies
This chapter examines the spread of two critical U.S. antitrust remedies—private damages and imprisonment—to competition law regimes around the world. After discussing the history of the acceptance of these remedies in the United States, the chapter presents a study examining the extent to which these remedies have been adopted in thirteen enforcing jurisdictions, representing a cross-section of large and small economies located in different parts of the world. The study finds a general movement toward acceptance of both remedies, even though successful private litigation is not yet widespread and imprisonment remains rare. The chapter concludes that these two remedies are appropriate for broad adoption outside the United States, not only in the jurisdictions covered but in other jurisdictions as well, because they advance antitrust's important remedial goals—deterrence of violations and compensation of those injured by antitrust violations.
Keywords: antitrust, competition law, private damages, imprisonment, criminalization, treble damages, deterrence, compensation, remedies
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