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To encourage private actions for damages in antitrust cases some jurisdictions subtract a fraction of the redress from the fine. We analyze the effectiveness of this policy. Such a rebate does not encourage settlement negotiations that would otherwise not occur. If, however, the parties settle...
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This article surveys the theory of the public enforcement of law--the use of public agents (inspectors, tax auditors …, police prosecutors) to detect and to sanction violators of legal rules. We first present the basic elements of the theory …, focusing on the probability of imposition of sanctions, the magnitude and form of sanctions, and the rule of liability. We then …
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This chapter surveys the theory of the public enforcement of law—the use of governmental agents (regulators, inspectors … imprisonment term, or a combination of the two? Should the rule of liability be strict or fault-based? If violators are caught only … apprehending violators? A variety of extensions of the central theory are then examined, including: activity level; errors; the …
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