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This paper provides a comparative analysis of methods for the empirical ex post evaluation of merger control decisions. It develops a competition-policy oriented framework of assessment criteria for the leading evaluation methods and applies them to structural modeling and simulation,...
Persistent link: https://www.econbiz.de/10009388226
This article assesses the relevance of efficiencies and other justifications in recent Article 102 TFEU cases. Based on a review of all EU decisions and openings between 2009 and mid 2013 we find that procompetitive justifications still play a mediocre role in the EU Commission's evaluations,...
Persistent link: https://www.econbiz.de/10010190124
Lead jurisdiction models represent one option how to extend and enhance contemporary interagency cooperation among competition policy regimes. They constitute a multilateral, case-related form of cooperation that is suited to effectively create a one-stop-shop for the prosecution of...
Persistent link: https://www.econbiz.de/10010366940
The EC antitrust prohibitions are regularly invoked in private litigation as a shield. Private parties also play an important role in public antitrust enforcement through complaints to the competition authorities. However, in marked contrast with the situation in the US, private actions for...
Persistent link: https://www.econbiz.de/10014198798
The commented book offers a solid and convincing critique about the origins and evolution of competition policy in Latin America, which probably could be extended elsewhere. Some of the assumptions on which the competition authorities act are unsound and farfetched, this causes notable...
Persistent link: https://www.econbiz.de/10014200935
The case between Dexian and Sony is once called “the first Antimonopoly case” in China, since the case happened right before China Antimonopoly Law came into effect and brought certain important legal questions in dispute when the case was going on. Some of those questions now can be solved,...
Persistent link: https://www.econbiz.de/10014203554
Based on a sample of 64 cartels convicted by the European Commission from 1975 to 2009 and a methodology allowing to estimate restitution and dissuasive fines to be imposed on cartels from microeconomic variables on a case by case basis, this paper compares the level of fines actually inflicted...
Persistent link: https://www.econbiz.de/10014206504
In the midst of a failing economy, the incoming Obama administration will not likely adopt its predecessor's antitrust policies. So if change is afoot, what form should change take? This essay outlines the needed transformative change in today's competition policy. The essay proposes more...
Persistent link: https://www.econbiz.de/10014211620
This paper deals with the application of the principle of 'ne bis in idem' in EC antitrust enforcement. The principle of 'ne bis in idem', laid down in Article 4 of Protocol 7 to the European Convention on Human Rights and in Article 50 of the Charter of Fundamental Rights of the European Union,...
Persistent link: https://www.econbiz.de/10014211856
Competition authorities need to obtain intelligence and evidence of antitrust violations so as to be able to punish the antitrust violators and create deterrence. The best information will usually be in the hands of the antitrust violators themselves. The first part of this article gives an...
Persistent link: https://www.econbiz.de/10014211858