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This paper provides a comprehensive discussion of the deterrence properties of a competition policy regime. On the basis of the economic theory of law enforcement we identify several factors that are likely to affect its degree of deterrence: 1) sanctions and damages; 2) financial and human...
Persistent link: https://www.econbiz.de/10003909295
Bei Verstößen gegen geltendes Wettbewerbsrecht entstehen typischerweise Schäden durch überhöhte Preise und entgangenen Gewinn bei nachgelagerten Wirtschaftsstufen. Hierfür besteht ein gesetzlicher Schadensersatzanspruch. Auf europäischer Ebene wird derzeit ein Rechtsrahmen diskutiert, mit...
Persistent link: https://www.econbiz.de/10003902988
The aim of this paper is to describe in detail a set of newly developed indicators of the quality of competition policy, Competition Policy Indexes, or CPIs. The CPIs measure the deterrence properties of a competition policy in a jurisdiction, where for competition policy we mean the antitrust...
Persistent link: https://www.econbiz.de/10003909293
This paper investigates the effectiveness of the new Council Regulation (EC) 1/2003 which replaces the mandatory notification and authorization system by a legal exception system. Effectiveness is operationalized via the two subcriteria compliance to Art. 81 EC Treaty and the probabilities of...
Persistent link: https://www.econbiz.de/10003875292
Basing-point pricing is known to have been abused by geographically dispersed firms in order to eliminate competition on transportation costs. This paper develops a topographic test for collusive basing-point pricing. The method uses transaction data (prices, quantities) and customer project...
Persistent link: https://www.econbiz.de/10011377553
We study the timing of leniency applications using a novel application of multi-spell discrete-time survival analysis for a sample of cartels prosecuted by the European Commission between 1996 and 2014. The start of a Commission investigation does not affect the rate by which conspirators apply...
Persistent link: https://www.econbiz.de/10011435719
This article provides a model of two risk-neutral firms that may cooperate to achieve a goal that is potentially illegal. The model assumes enforcement risk and firms that are imperfectly informed about antitrust law enforcement. It is shown that compliance training, which educates the agents...
Persistent link: https://www.econbiz.de/10010439221
This paper studies cartels' strategic behavior in delaying leniency applications, a take-up decision that has been ignored in the previous literature. Using European Commission decisions issued over a 16-year span, we show, contrary to common beliefs and the existing literature, that...
Persistent link: https://www.econbiz.de/10009685867
The present paper analyzes the interaction between the economic review of the probition of abuses of a dominant position (Article 82 EC) on the one hand and the efforts to enhance private enforcement of competition law through private damage claims on the other hand. The paper argues that...
Persistent link: https://www.econbiz.de/10013134375
The paper offers an empirical analysis of private antitrust enforcement in Germany based on cases that were decided by courts between 2005 and 2007. The study presents information about the magnitude and nature of civil antitrust actions in Germany. The data includes inter alia, information...
Persistent link: https://www.econbiz.de/10013138451