Tactical dilatory practice in litigation: Evidence from EC merger proceedings

Peter L. Ormosi

International Review of Law and Economics, 2012, vol. 32, issue 4, 370-377

Abstract: The economic analysis of delay in legal procedures has received considerable attention in the past. Some of these works focus on the determinants of delay in litigation but very little analysis has been dedicated to examining if tactical delay may actually help the settlement process. The paper shows that in European merger litigation merging parties may decide to tactically challenge discovery attempts, which causes a delay that is strategically used to gain more time to take the necessary steps to avoid a lengthy in-depth investigation. This type of delay can be beneficial to both merging parties and could also contribute to the saving of regulatory resources, and reduce the risks threatening the success of a potentially efficiency enhancing merger.

Keywords: Settlement delay; Litigation costs; Antitrust law; EC merger proceedings (search for similar items in EconPapers)
JEL-codes: K21 K41 (search for similar items in EconPapers)
Date: 2012
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Citations: View citations in EconPapers (7)

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Persistent link: https://EconPapers.repec.org/RePEc:eee:irlaec:v:32:y:2012:i:4:p:370-377

DOI: 10.1016/j.irle.2012.08.002

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