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by their subsidiaries. Under the new EU Directive on Antitrust Damages Actions, parent company liability is likely to be … instruments, in particular the individual liability of executives and employees. On this basis, I conclude that it is primarily … the existence of these functional substitutes that explains why a need for parent company liability has not arisen in US …
Persistent link: https://www.econbiz.de/10012934622
-specific regulation and competition law. In this paper, we explore how these two approaches have been used to facilitate the arrival of …
Persistent link: https://www.econbiz.de/10014073491
Traditional deterrence theory relies on a combination of probability and severity of punishment to impose a perception … of sufficiently high costs to deter wrongdoing. Yet when a very high severity of punishment counters a low probability …
Persistent link: https://www.econbiz.de/10012977567
to the EU’s competition policy, can be affected if liability in parallel enforcement proceedings is either excessive or …
Persistent link: https://www.econbiz.de/10014184681
the competition law. Regarding this proposed law, it is highly important for the antitrust regulation system questioning …
Persistent link: https://www.econbiz.de/10013094335
To encourage private actions for damages in antitrust cases some jurisdictions subtract a fraction of the redress from the fine. We analyze the effectiveness of this policy. Such a rebate does not encourage settlement negotiations that would otherwise not occur. If, however, the parties settle...
Persistent link: https://www.econbiz.de/10012842842
The EU-level doctrine of parental antitrust liability presents a number of challenges in terms of securing the … perspective, ultimately arguing that as currently formulated the EU-level doctrine of parental antitrust liability indeed suffers …
Persistent link: https://www.econbiz.de/10013224141
In a tort law regime established on the basis of corrective justice considerations, causation requirements will tend to play a predominant role in regulating the damages claims brought forward. The requirement of the causal link between the harm suffered and the anticompetitive conduct in...
Persistent link: https://www.econbiz.de/10014138101
Nowadays, merger control predominantly relies upon a strict analysis of the effects from merger and acquisitions on effective competition. However, there is scope for so-called public interest considerations in several European merger control regimes and recently a number of European politicians...
Persistent link: https://www.econbiz.de/10012057286
We proceed to a comparative analysis of the judicial scrutiny of financial penalties for competition law infringements in the following jurisdictions: European Union, United States, Germany, United Kingdom and France
Persistent link: https://www.econbiz.de/10014139459