满足于优惠券:反托拉斯诉讼中以折扣合同作为补偿与惩罚

Settling for Coupons: Discount Contracts as Compensation and Punishment in Antitrust Lawsuits

Journal of Law & Economics · 1996
被引 18
人大 A-ABS 3

中文导读

研究了反垄断集体诉讼中折扣和解协议对消费者的影响,发现折扣消费者受益与非折扣消费者受损大致相抵,且对卖方的惩罚远小于非折扣买方的损失,并探讨了替代方案。

Abstract

Many recent class-action antitrust lawsuits have been settled with discount contracts in which the defendants agree to sell to the plaintiffs in the future at a discount off of the retail price charged to other buyers. The sellers can offset such discounts, however, by increasing the retail price. I show that these settlements have very small effects on the average price paid by all consumers; the harm to nondiscount consumers is about equal to the benefits to discount consumers. Since nondiscount buyers are not parties to these cases, however, the courts usually ignore the effect on them. Furthermore, the punishment imposed on sellers is much smaller than the cost to nondiscount buyers. I then examine an alternative form of "coupon settlements" that need not give sellers an incentive to raise price. The analysis is applied to recent settlements in the airline, auto, photocopying, and electronic game industries.

反垄断诉讼折扣和解消费者福利价格效应