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Should Private Antitrust Enforcement Be Encouraged in Europe?

Wils, Wouter P. J. - 2013

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 Relationship between Public Antitrust Enforcement and Private Actions for Damages

Wils, Wouter P. J. - 2013

This paper concerns the relationship between public antitrust enforcement and private actions for damages, focusing in particular on the enforcement of Articles 81 and 82 EC. In the first half of the paper, I examine the respective roles of public antitrust enforcement and private actions for...

Persistent link: https://www.econbiz.de/10014213178

Innovation and Optimal Punishment, with Antitrust Applications

Hylton, Keith N.; Lin, Haizhen - 2015

the optimal punishment scheme …

Persistent link: https://www.econbiz.de/10014047026

Effective Public Enforcement of Cartels : Rates of Challenged and Annulled Cartel Fines in Ten European Member States

Outhuijse, Annalies - 2019

A substantial number of cartels in the European Union are detected and enforced by the national competition authorities (NCAs). The effectiveness of domestic enforcement has been subject to extensive review and debates, which have recently culminated and resulted in the proposal for the ECN+...

Persistent link: https://www.econbiz.de/10012868781

A Behavioural Approach to Antitrust Law and Economics

Tor, Avishalom - 2009

Unlike traditional antitrust analysis, a behavioural approach to antitrust law and economics is grounded in empirical observations of human behaviour. These reveal that judgments and decisions by real decision-makers in the market deviate systematically from those predicted by the rational...

Persistent link: https://www.econbiz.de/10012767320

Determinants of EC Antitrust Fines for Members of Global Cartels

Connor, John M.; Miller, Douglas J. - 2013

the predictive power of the optimal deterrence theory of antitrust violations in the EU. In addition, they offer insights … follow the precepts of optimal deterrence theory and the EC’s Fining Guidelines. Fines are directly related to economic …

Persistent link: https://www.econbiz.de/10014160151

Cartel Overcharges and Optimal Cartel Fines

Lande, Robert H. - 2007

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

The Use of Leniency in EU Cartel Enforcement : An Assessment after Twenty Years

Wils, Wouter P. J. - 2018

Since 1996, the European Commission has been operating a leniency programme, under which companies cooperating with its cartel investigations can obtain immunity from fines or a reduction of fines. Leniency plays a prominent role in EU cartel enforcement today. This paper assesses the positive...

Persistent link: https://www.econbiz.de/10014126878

Deterrence and Antitrust Punishment : Firms versus Agents

Hylton, Keith N. - 2014

penalties, to engage in some illegal act that may result in relatively modest punishment for its agents, it can almost always …

Persistent link: https://www.econbiz.de/10013043100

The Incoherence of Punishment in Antitrust

Waller, Spencer Weber - 2009

tort law, particularly in the area of punishment. Since the passage of the Sherman Act in 1890, the principal remedies for … that the level of criminal punishment, both in terms of imprisonment of individuals and fines for corporations, has … the total punishment and compensation embodied in this system is too high or too low. Rather than reenter that debate …

Persistent link: https://www.econbiz.de/10014051800