Download Public and Private Enforcement of Competition Law in Europe: by Kai Hüschelrath, Heike Schweitzer PDF

By Kai Hüschelrath, Heike Schweitzer

Over the prior fifteen years, the optimum enforcement of european festival legislations has turn into an enormous difficulty. This ebook includes a specific selection of articles through attorneys and economists on present matters within the private and non-private enforcement of pageant legislation. Public enforcement has been bolstered in different methods – for instance, throughout the creation of a leniency programme and a considerable raise in fines for pageant legislations violations. whilst the european fee has been selling deepest enforcement – for instance, via constructing a felony framework that supplies sufferers of european antitrust legislations infringements entry to compensation.

The contributions during this ebook tackle a number of subject matters within the zone of festival legislations enforcement, together with the function of fines and leniency programmes in public enforcement; entry to proof and the quantification of damages in deepest enforcement; and the interplay among private and non-private enforcement of pageant legislation in Europe.

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In addition to the share of leniency applicants, Figure 8 also shows the average percentage reduction for firms collaborating with the competition authority under the leniency programme. As revealed by the time series, the average reduction fluctuates between 10% and 30%, with the year 2000 showing the lowest value (about 10%) and the year 2002 showing the highest value (about 33%). 4 Duration of Cartel Investigations In formal investigations of competition policy cases in general and cartel cases in particular, several enforcement periods can be differentiated.

And that each member is able to communicate this information to competition authorities, and provide proof of collusion. If a cartel wants to minimize the probability of being detected, however, it is unlikely that the cartel will behave in the way presumed by economic theory. Instead, the cartel will try not to arouse suspicion with the authorities. This could be achieved by increasing the price slowly, instead of immediately adopting the monopoly price. In other words, the cartel would change its behaviour to prevent detection and sanctions by the authorities.

Phlips, Informational Requirements of Collusion Detection: Simple Seasonal Markets (European University Institute, Florence 1994). As Louis Philips writes, ‘That is, the industry is able to fill in the authority’s report with false but indisputable data that make even joint profit maximising behaviour appear to be static Cournot behaviour. ’ L. Phlips, Competition Theory: A Game-Theoretic Perspective, (Cambridge University Press 1995), pp. 125 et seq. Harrington (2004, 2005), Harrington/Chen (2006), supra note 8.

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