99 Antitrust Problems – Is Recidivism One?

In a consolidated global economy, every industry faces a growing risk of anticompetitive conduct and the troubling prospect of antitrust recidivism. But is there, in fact, an antitrust recidivism problem? Classically, antitrust recidivism is defined as a company that, having been penalized for anticompetitive conduct, subsequently reoffends. Public enforcers accept this definition and argue that recidivism is virtually non-existent. Scholars, by contrast, adopt a broader view — “serial collu