Previous business/academic article Next business/academic article
Academic Articles Awards > Private Enforcement

Public v. Private Enforcement: Why Competition Litigation Won’t Solve the Public Enforcement Deficit

Ken Daly, The Public Competition Enforcement Review, April 2015

See Ken Daly's resume

Vote for this articleHelp

* Average
** Interesting
*** Good
**** Excellent
***** Must receive an Award!

Please note that the star(s) appearing on the article page before you have voted reflect the status of all votes registered to date.

Readers’ vote will close on February 15, 2016. Readers’ vote will allow you to nominate 1 article for each of the Awards, i.e., 10 Academic articles, 10 Business articles, and the best Soft Laws. The readers’ short-list of Academic and Business Articles will be communicated to the Board together with the 20 articles nominated by the Steering Committees. The Board will decide on the award-winning articles. Results will be announced at the Awards ceremony to take place in Washington DC on the eve of the ABA Antitrust Spring Meeting on April 5, 2016.

The stated goals of private enforcement of competition law (including through collective redress) include deterring infringements, thereby promoting competition. However, the evidence that private enforcement actually deters is sketchy at best. What is clear is that increasing litigation risks greatly decreases infringers’ incentives to cooperate with enforcement authorities, potentially leading to reduced enforcement. Does the risk cancel out the (uncertain) benefit? The other main goal of private enforcement of competition law is to compensate victims. However, there is plenty to suggest that there are faster, cheaper and less risky ways to achieve this than through litigation, particularly through mass litigation. So while the new Antitrust Damages Directive and Recommendation on Collective Redress are lauded by the EU and will certainly lead to more competition litigation, will they also lead to more compliance? And are there not more efficient ways to deliver compensation?

Download our brochure