TY - JOUR
T1 - Tactical dilatory practice in litigation
T2 - Evidence from EC merger proceedings
AU - Ormosi, P.L.
PY - 2012/12/1
Y1 - 2012/12/1
N2 - 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.
AB - 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.
UR - http://www.scopus.com/inward/record.url?scp=84866267152&partnerID=8YFLogxK
U2 - 10.1016/j.irle.2012.08.002
DO - 10.1016/j.irle.2012.08.002
M3 - Article
AN - SCOPUS:84866267152
VL - 32
SP - 370
EP - 377
JO - International Review of Law and Economics
JF - International Review of Law and Economics
SN - 0144-8188
IS - 4
ER -