In this article we explore fault as it has traveled from public enforcement to private enforcement of EU competition law and beyond the implementation of the Damages Directive. We demonstrate how differences between national tort law systems have prevented harmonization of fault in the Damages...

According to many, discovery under the Federal Rules of Civil Procedure (“Rules” collectively, or “Rule” individually) imposes a multiplicity of financial and administrative burdens on parties and courts. True, much debate rages over the true extent of these costs; true, mindboggling...

This paper selects amendments to the Federal Rules of Civil Procedure that bear promise for cutting the costs of civil litigation. It suggests how to teach students (and lawyers) to take advantage of the amendments to protect one's client from overly costly or abusive discovery. It also includes...

Causation is one of the most underexplored areas in antitrust law. What must a plaintiff show to connect a defendant’s conduct with anticompetitive effects? Several tests are possible, including “but for” causation, proximate cause, sole causation, reasonable connection, and increased...

The prohibition set out by movie theaters to access them with food or beverages purchased outside their premises has bot undeniable economic justification and legal legitimacy. It is based on the ability of entrepreneurs to freely set up and organize their enterprise, expressly recognized by the...

Despite the adoption of the European Damages Directive and its transposition to national legal systems, a number of obstacles to antitrust damages actions in the EU still persist. Such obstacles stem from both substantial and procedural aspects. Information and data available to plaintiffs and...

This Article discusses deception and its potential anticompetitive effects. Since deception lacks any redeeming ethical, moral, or economic justifications, and trust in the marketplace is paramount, multiple laws seek to deter and punish deception. Although the federal antitrust laws seek to...

This entry for the forthcoming The New Palgrave Dictionary of Economics (Second Edition) surveys the economic analysis of five primary fields of law: property law; liability for accidents; contract law; litigation; and public enforcement and criminal law. It also briefly considers some...

We claim that Posner's nuisance rule maintains the efficiency feature even under severe informational asymmetry. This paper, as a critical assessment of an overly complicated order-reporting mechanism by Kim [2002], argues that Posner's original value-reporting mechanism alone is enough to...