In competition law, the problem of the optimal design of institutional and procedural rules concerns assessment processes of the pro- and anticompetitiveness of business behaviors. This is well recognized in the discussion about the relative merits of different assessment principles such as the...

The administrative enforcement of competition law increasingly relies on new, informal instruments. These instruments are deemed to be more effective or efficient, but they might give rise to concerns regarding the safeguard function of the law. This working paper illustrates the problems with...