Summary and conclusions
With respect to court-imposed sanctions in completed criminal cases brought by the DOJ, the following empirical conclusions are reached for the period 1955–79:
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1.
Peltzman's hypothesis of the behavior of a vote-maximizing regulator is not relevant to court-imposed antitrust sanctions unless it is reformulated.
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2.
The extension of Posner's “plausible hypothesis” to sanctions and to another time period is not supported.
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3.
The APPA of 1974, during the period of this study, had little if any influences on fines and jail sentences; however, it may have had some influence on the proportion of criminal to civil cases.
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4.
The level of monopolization has no positive influence on sanctions in criminal cases.
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5.
There is a significant, positive influence of the real resources available to the Antitrust Division on sanctions in criminal antitrust cases. The bureaucratic-political process by whcih the real resources are made available to enforcement agents may be the useful subject for empirical analysis of antitrust enforcement.
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Gallo, J.C., Craycraft, J.L. & Dutta, S. Incarceration and fines: An empirical study of antitrust sanctions. Rev Ind Organ 3, 38–66 (1986). https://doi.org/10.1007/BF02230837
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DOI: https://doi.org/10.1007/BF02230837