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Antitrust Settlements and Trial Outcomes Export

The Review of Economics and Statistics, Vol. 78, No. 3. (1996), pp. 401-409.

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antitrust

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Risk aversion plays an important role in explaining why antitrust cases settle instead of going to trial. Using a jointly estimated model of settlement and trial outcome, we find that a 1% increase in the probability that the plaintiff wins at trial raises the probability of a settlement by 0.13%. We also find that reputation effects are not a significant factor for defendants, so the risk aversion of the defendants does not play a dominant role in determining whether the parties settle. Plaintiffs are more likely to win in certain jurisdictions, which encourages venue shopping by plaintiffs.


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