Antitrust Chronicle® – Recidivism

Dear Readers,

Recidivism has an intuitive moral pull in antitrust: if competition law is meant to deter, repeat offending feels like the clearest evidence that deterrence has failed. Yet, as this edition’s contributions show, recidivism is also a concept riddled with definitional, institutional, and jurisdictional complexity. Whether antitrust has a “recidivism problem” depends not only on empirical patterns of repeat conduct, but also on how enforcement systems define prior wrongdo