The Extraordinary Deterrence of Private Antitrust Enforcement: A Reply to Werden, Hammond & Barnett

“Comparative Deterrence from Private Enforcement and Criminal Enforcement of the U.S. Antitrust Laws” documents an extraordinary but usually overlooked fact: private antitrust enforcement deters a significant amount of anticompetitive conduct. This article shows that “there is evidence” that private enforcement “probably” deters even more anticompetitive conduct than the almost universally admired anti-cartel enforcement program of the United States Department of Justice.

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