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...

This paper discusses two general questions concerning the use of settlements in public antitrust enforcement, namely under which conditions the use of settlements contributes to optimal antitrust enforcement, and under which conditions self-incrimination and waivers of procedural rights by...

This essay, prepared for The Law and Economics of Irrational Behavior (Francesco Parisi and Vernon Smith, eds., 2004), examines implications of bounded rationality for traditional economic analysis of public law enforcement. A brief application to the enforcement of employment discrimination...

This paper examines the recent violence in Nigeria following April 2011 elections as well as the violent political, ethnic and religious conflicts and unrests to date from a legal perspective. It discusses the culture of impunity prevalent in Nigeria due to the non apprehension of culprits and...

This survey has been undertaken in connection with a research project (The Cartel Project) that investigates various aspects of the criminalisation of cartel conduct in Australia. In section 1 of the Report we set out the background to cartel criminalisation in Australia (section 1.1) and...

This paper re-examines the literature on optimal penalties and the allocation of resources to enforcement from the viewpoint of incentive theory. It is assumed that an agent might perform a socially harmful act. In contrast to previous analyses, the agent might also perform profit-enhancing...

The international response to corruption raises many important questions: How did corruption become a matter of concern for international law? Was it the result of globalization? Was it the result of a renewed sense of morality around the world? Is this part of a global outcry against the abuse...

This paper investigates the deterrent impact of competition enforcement on cartels. It is shown theoretically that if enforcement is effective in deterring and constraining cartels then there will be fewer cartels with low overcharges and fewer with high overcharges. This prediction provides an...

Neuroscientific evidence is increasingly being offered in court cases. Consequently, the legal system needs neuroscientists to act as expert witnesses who can explain the limitations and interpretations of neuroscientific findings so that judges and jurors can make informed and appropriate...

This paper deals with the fundamental procedural rights of companies that are targeted in the enforcement of Articles 101 and 102 TFEU by the European Commission or the competition authorities of the EU Member States. The paper first provides a (non-exhaustive) list of such rights as applicable...