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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...
Persistent link: https://www.econbiz.de/10010593887
When firms collude and charge supra-competitive prices, consumers can bring antitrust lawsuits against the firms. When the litigation cost is low, firms accept the cost as just another cost of doing business, whereas when the cost is high, the firms lower the price to deter litigation. Class...
Persistent link: https://www.econbiz.de/10012120107
This paper argues that empirical economic analysis in court proceedings is subject to important economic and legal restrictions, cumulating in a fundamental trade-off between accuracy and practicality. We draw lessons from two influential German court cases - the paper wholesaler cartel decision...
Persistent link: https://www.econbiz.de/10008699780
Persistent link: https://www.econbiz.de/10003923618
The paper focuses on the various methods used to quantify cartel damages, which have become more and more important as private damage suits in the aftermath of antitrust litigation increase. The approaches implementation is embedded into current legal environments with regards to the estimation...
Persistent link: https://www.econbiz.de/10010230329
The duration of appellate court proceedings is an important determinant of the efficiency of a court system. We use data of 234 firm groups that participated in 63 cartels convicted by the European Commission between 2000 and 2012 to investigate the determinants of the duration of the subsequent...
Persistent link: https://www.econbiz.de/10010405065
The appeals process – whereby the losing party of an administrative or judicial decision can seek reconsideration of their arguments before a higher institution – is an important mechanism to correct legal errors and to improve existing laws and regulations. We use data of 467 firm groups...
Persistent link: https://www.econbiz.de/10010405992
The EC antitrust prohibitions are regularly invoked in private litigation as a shield. Private parties also play an important role in public antitrust enforcement through complaints to the competition authorities. However, in marked contrast with the situation in the US, private actions for...
Persistent link: https://www.econbiz.de/10014198798
The study focuses on the admissibility and assessment of economic expertise in EC competition law litigation. I start by exploring the broader issues raised by the integration of economic expertise in litigation: in particular the risk of moral hazard and adverse selection because of the...
Persistent link: https://www.econbiz.de/10014204308
This publication (of 251 pages) represents the proceedings of a seminar on judicial enforcement of competition law held at the OECD in October 1996. The proceedings include a background paper prepared by the OECD Secretariat and papers from 24 judges and antitrust enforcers from across the OECD...
Persistent link: https://www.econbiz.de/10014207623