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The appeals process – whereby the losing party of an administrative or judicial decision can seek reconsideration of their arguments before a higher institution – is an important mechanism to correct legal errors and to improve existing laws and regulations. We use data of 467 firm groups...
Persistent link: https://www.econbiz.de/10010405992
of North America in the size of fines imposed on cartels. While there are glimmers of change afoot, the EU's fight … private actions. Unlike the United States, EU law does not permit sanctions to be imposed on cartel managers, nor is this …
Persistent link: https://www.econbiz.de/10013136896
The concurrence of recession and extended length of proceedings has led to a massive increase since 2009 in the number of applications to the European Commission for a reduction of a cartel fine due to an enterprise's "inability to pay." This raises the fundamental question whether the "death...
Persistent link: https://www.econbiz.de/10013118303
We provide an empirical assessment of EC cartel enforcement decisions between 2000 and 2011. Following an initial characterisation of our dataset, we especially investigate the determinants of the duration of cartel investigations. We are able to identify several key drivers of investigation...
Persistent link: https://www.econbiz.de/10013097696
This paper demonstrates that the concepts of harm and damages as they are used in tort law pose some serious conceptual problems in the area of antitrust law. Consequently, there are some limits to the private enforcement of antitrust law via damages actions that have to be taken into account...
Persistent link: https://www.econbiz.de/10013099273
the EU and the US is not the basic toolkit for achieving deterrence, but to whom it is targeted. In the EU, pecuniary …
Persistent link: https://www.econbiz.de/10013074460
procedural efficiency of cartel enforcement in the European Union (EU). We use a data set consisting of 84 cartels decided by the … EC from 2000 to 2014 to empirically investigate the impact of the EU settlement procedure on the duration of cartel … discussion of further evaluation approaches we conclude that the EU Settlement Procedure has increased procedural efficiency of …
Persistent link: https://www.econbiz.de/10013015070
.S. federal courts, we submit that it would amount to a consistent completion of the legal framework within the E.U …
Persistent link: https://www.econbiz.de/10012963485
This article discusses whether cartel damages claims are arbitrable under EU law. Although it is settled that most … the approach in Microsoft Mobile is not only correct under EU law but more in line with general principles of conflict of … of EU law may require national courts to disapply arbitration agreements on the facts of a particular case but the …
Persistent link: https://www.econbiz.de/10012898141
Many cartels are formed by individual managers of different firms, but not by firms as collectives. However, most of the literature in industrial economics neglects individuals' incentives to form cartels. Although oligopoly experiments reveal important insights on individuals acting as firms,...
Persistent link: https://www.econbiz.de/10012938866