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This paper analyses the state of private enforcement of EU competition law in Germany after the implementation of the Competition Damages Directive 2014/104/EU. The Damages Directive provides full harmonisation, but only of select issues. In view of this fragmented legal framework, the “law in...
Persistent link: https://www.econbiz.de/10013251861
Private enforcement of competition law in Germany and the Netherlands is booming. A surge in cartel damages actions has led to a flurry of judicial activity, while claim vehicles and claim funders continue to bring and fund new cases. At the same time, both jurisdictions also face significant...
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full-deterrence. We show that the Commission can, in principle, hit the full-compliance equilibrium, where the cartelizing … compliance to Art. 81 EC Treaty and the probabilities of type I and type II errors committed by the European Commission. We … identify four different types of Perfect Bayesian Nash Equilibria: fullcompliance, zero-compliance, positive-compliance and …
Persistent link: https://www.econbiz.de/10003875292
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
individual harm there is concern for an under-deterrence through private enforcement. On the other hand, there are cases where … an over-deterrence. The paper concludes by discussing the consequences for reaching an optimum level of enforcement and …
Persistent link: https://www.econbiz.de/10013134375
The failure of the regulatory system is at least one of the contributing causes to the 2008 Financial Crisis. The Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Act”) will have a far-reaching impact on the financial services industry particularly in its attempt to...
Persistent link: https://www.econbiz.de/10013136859
This paper demonstrates that the concepts of harm and damages as they are used in tort law pose some serious conceptual problems in the area of antitrust law. Consequently, there are some limits to the private enforcement of antitrust law via damages actions that have to be taken into account...
Persistent link: https://www.econbiz.de/10013099273