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The Private Antitrust Remedy: Lessons From The American Experience, Edward D. Cavanagh
The Private Antitrust Remedy: Lessons From The American Experience, Edward D. Cavanagh
Faculty Publications
(Excerpt)
The treble damage remedy has been a centerpiece of private antitrust enforcement since the enactment of the Sherman Act in 1890. Aware that government resources were limited, Congress created the private right of action as a complement to public enforcement to assure the detection and prosecution of antitrust offenders. The private right of action has proven to be a very potent weapon in the civil enforcement arsenal. It is the very potency of the private remedy, however, that has made the private right of action a target of criticism by defendants and, more recently, the courts. Indeed, in the …