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Effective enforcement of the legal framework on market abuse in the EU requires that sanctions available to the competent authorities are effective, proportionate and dissuasive. However, sanctioning regimes based on administrative sanctions are regarded as generally weak. The European...
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UK competition law authorities primarily target companies. Such a strategy exposes companies to the risk of liability and loss, and its lack of effectiveness in deterring anti-competitive behaviour has led to the introduction of individual sanctions, which were greatly expected to deter...
Persistent link: https://www.econbiz.de/10014104889
In this article, we first discuss traditional deterrence theory as applied to optimal criminal antitrust penalties … on the deterrent value of cartel sanctions. In the next part we turn to our claim that the conventional wisdom of ever …-increasing corporate fines to solve the problem of under-deterrence is misguided. The determination of the optimal sanction for price …
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are more than one-hundred countries with competition law regimes almost all of which proscribe cartels. Unquestionably …
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Competition authorities increasingly favour criminal sanctions for ‘hard core’ cartel conduct. However, the empirical … justifications offered by enforcers in support of criminal cartel law enforcement. Based on an Australian case-study, but with … criminal sanctions and the inherent criminality of cartel conduct. The implications for the criminalisation ‘movement’ are far …
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Few would deny that the European Commission has an impressive track record with respect to anti-cartel enforcement. At … responsible for their companies’ cartel activity. This article argues that, in order to achieve the deterrence of cartel activity …-level cartel prohibition. Although such sanctions have a drawback in terms of their vulnerability to indemnification, the …
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