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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

A Principled Argument for Personal Criminal Sanctions as Punishment Under EC Cartel Law

Whelan, Peter - 2007

sanctions as punishment under EC cartel law. It examines the traditional rationales of criminal punishment, demonstrating their … this deficiency should be rectified through the use of criminal punishment as reinforcement for other less controversial …

Persistent link: https://www.econbiz.de/10014222896

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

The Predictability of DOJ Cartel Fines

Connor, John M. - 2016

direct test of the optimal deterrence theory of antitrust crimes.Regressions are fitted to a sample of the corporations that … collusion. However, U.S. fines do not conform to the theory's predictions about the probability of detection and conviction of …

Persistent link: https://www.econbiz.de/10012979998

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

Cartel behavior and efficient sanctioning by criminal sentences

Wein, Thomas - 2020

Becker's theory of crime, penalties must be at least as high as expected benefits to deter crimes. For example, we start by … multiplying cartel infringement by the reciprocal of the probability of detection and punishment. When we factor in expected … personal benefits. In theory, deterrence to participate in cartel activities must be based both on the incentives of firms as a …

Persistent link: https://www.econbiz.de/10012253812