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While private actions for damages by customers against price-cartels receive much attention, the treatment of other groups affected by such conspiracies is largely unresolved. This article narrows the research gap with respect to suppliers to a downstream price cartel. First, we show that such...
Persistent link: https://www.econbiz.de/10010228570
The paper focuses on the various methods used to quantify cartel damages, which have become more and more important as private damage suits in the aftermath of antitrust litigation increase. The approaches implementation is embedded into current legal environments with regards to the estimation...
Persistent link: https://www.econbiz.de/10010230329
While private actions for damages by customers against price-cartels receive much attention, the treatment of other groups affected by such conspiracies is largely unresolved. This article narrows the research gap with respect to suppliers to a downstream price cartel. First, we show that such...
Persistent link: https://www.econbiz.de/10009787408
While private actions for damages against price-cartels by direct and indirect customers receive much attention, it is largely unresolved to what extent other groups that are negatively affected may claim compensation. This paper focuses on probably the most important one: suppliers to a...
Persistent link: https://www.econbiz.de/10010468358
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/10012159842
Directive 2014/104/EU was written on the assumption that the private enforcement of competition law is a matter of tort in all Member States. While doubts about this issue may have been brought up by some during the legislative process, they are not reflected in the final text. This assumption...
Persistent link: https://www.econbiz.de/10012942749
The private enforcement system in Trust law established by the Reg. 1/2003 enables the foundations to allow the development of indemnity claims caused by antitrust damages. The essential elements of antitrust damages are analysed in the present article according to the guidelines found in the...
Persistent link: https://www.econbiz.de/10014202412
Damage compensation claims in case of cartels are supposed to increase deterrence, compensate losses and increase efficiency. I show that such claims can instead have adverse effects: If suppliers or buyers of cartelists are compensated in proportion to the profits lost due to the cartel,...
Persistent link: https://www.econbiz.de/10010194468
The paper provides a comprehensive survey of the economics behind the fight against hard core cartels. Differentiating between four subsequent stages – characterisation, welfare effects, enforcement and evaluation – the paper pays particular attention to cartel detection methods, the...
Persistent link: https://www.econbiz.de/10008701356
While price-fixing cartel prosecutions have received significant attention, the policy determinants and the political preferences that guide such antitrust prosecutions remain understudied. We empirically examine the intertemporal shifts in U.S. antitrust cartel prosecutions during the period...
Persistent link: https://www.econbiz.de/10011346282