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I present the following proposal: information revealed during non-cartel investigations by competition law enforcement authorities, such as evaluation of M&As or investigation of monopolization (dominance) conduct, should be directly used to investigate and prosecute cartels. Currently, in...
Persistent link: https://www.econbiz.de/10009230908
criminal sanctions against individuals is essential to effective internal compliance …
Persistent link: https://www.econbiz.de/10013134545
to the role of private court actions in attaining optimally deterring sanctions. The principal conclusions are as follows … private actions. Unlike the United States, EU law does not permit sanctions to be imposed on cartel managers, nor is this …
Persistent link: https://www.econbiz.de/10013136896
For criminal violations of the Sherman Act, although guided by federal sentencing guidelines, U.S. Department of Justice has great latitude in recommending corporate cartel fines to the federal courts, and its recommendations are nearly always determinative. In this paper, we analyze the...
Persistent link: https://www.econbiz.de/10013085647
Despite the successes of cartel detection over the last twenty years, there are many who believe that competition authorities have just started to scratch the surface. The focus of this note is to make the case that proactive detection and deterrence policies need to be established, and that...
Persistent link: https://www.econbiz.de/10013074115
Corporate leniency programs promise putative offenders reduced punishment and fewer regulatory interventions in exchange for the corporation's credible and authentic commitment to remedy wrongdoing and promptly self-report future violations of law to the requisite authorities. Because these...
Persistent link: https://www.econbiz.de/10012839297
the history of antitrust law. Yet, it is equally non-controvertible that the impressive corporate monetary sanctions …
Persistent link: https://www.econbiz.de/10012727208
This Article examines whether the current penalties in the United States Sentencing Guidelines are set at the appropriate levels to deter illegal price fixing cartels optimally. The authors analyze two data sets to determine how high on average cartels raise prices. The first consists of every...
Persistent link: https://www.econbiz.de/10012728627
This paper describes some major trends in cartelization of markets worldwide with a special emphasis on the economic injuries being generated by illegal collusion. Known affected commerce by international cartels discovered during 1990-2014 exceeds a nominal $13.6 trillion worldwide. Projections...
Persistent link: https://www.econbiz.de/10012954044
Economic approaches to determining criminal sanctions focus on harm-based “optimal” penalties. In this note, we examine … to optimal criminal sanctions in price fixing cases and the approach contained in the USSG. We then reconcile the two …
Persistent link: https://www.econbiz.de/10012960055