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| Author | : OECD |
| Publisher | : OECD Publishing |
| Total Pages | : 102 |
| Release | : 2002-05-29 |
| Genre | : |
| ISBN | : 9264174990 |
This book contributes to the existing knowledge about the extent of cartels' overcharges and other harm to businesses and consumers worldwide, and sheds light on new and effective "leniency programmes", as well as on optimal sanctions in cartel cases.
| Author | : Georg Clemens |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2018 |
| Genre | : |
| ISBN | : |
This paper experimentally analyzes the effects of nondiscriminatory and discriminatory leniency policies on hard-core cartels. We design a mechanism to form a hard-core cartel, which allows that multiple ringleaders emerge. Ringleaders often take a leading role in the coordination and formation of hard-core cartels. A leniency policy that grants amnesty to all “whistle-blowers” except for ringleaders may therefore reduce the incentive to become a ringleader and disrupt cartel formation. Yet, our experimental results show that whistle-blowing rarely occurs. Paradoxically, the discriminatory leniency policy induces firms to become ringleaders. We find that firms create trust among other firms when acting as ringleaders. This signaling effect ultimately facilitates coordination in the explicit cartel.
| Author | : OECD |
| Publisher | : OECD Publishing |
| Total Pages | : 64 |
| Release | : 2003-05-27 |
| Genre | : |
| ISBN | : 926410125X |
This book reviews progress in the fight against hard core cartels. It quantifies the harm caused by cartels and identifies improved methods of investigation. It also examines progress in strengthening sanctions against businesses and individuals.
| Author | : Samantha Mobley |
| Publisher | : OUP Oxford |
| Total Pages | : 963 |
| Release | : 2011-12-08 |
| Genre | : Law |
| ISBN | : 0191634905 |
In recent years cartel regulation has become a key priority for competition authorities around the globe resulting in a proliferation of immunity and leniency programmes. Competition authorities are constantly developing and revising their approaches to cartel regulation and introducing new mechanisms for businesses to report cartels, seek immunity and gain leniency. The need for businesses and their advisers to be able to identify and manage their global risk exposure is more pressing than ever before. The Global Cartels Handbook addresses this pressing need by providing a comparative analysis of immunity and leniency programmes for legal practitioners and corporate counsel. It consists of a comparative introduction which identifies some of the key features of the main jurisdictions and provides some of the strategic pointers to the most appropriate forums in which to seek leniency. A quick reference guide gives a tabular country-by-country overview of the leniency programmes in place around the world. This is followed by a detailed point-by-point description of each leniency programme, with reference to all key case law throughout, under a set of headings which are templated across each country chapter. This template format allows for ease of reference and consistency of information and provides essential practical information for filing a leniency application.
| Author | : Lucia Arnal |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2016 |
| Genre | : |
| ISBN | : |
Competition law's main objective is to maximize consumer welfare by ensuring the competitive functioning of the markets. In particular, competition law has to address anticompetitive agreements between competitors or firms at different levels, abusive behaviour of dominant firms, mergers and public restrictions of competition. This paper will focus on hard-core cartels considering that they are the most serious violation of competition law. The instruments used to fight against this anticompetitive behaviour (leniency programs) have resulted to be fairly effective. Many modifications and developments have taken place since the leniency program was first established in the European Union in order to make it an optimal tool to fight hard-core cartels. However, it is submitted that a significant margin of improvement remains for several features of the program. Discussion throughout this paper about the pitfalls of this leniency system will remark the need for further changes enabling these programs to become the ultimate solution against hard-core cartels. The thesis concludes with a study case of the Spanish competition law that will reflect the strengths and weakness of the leniency programs in the practice.
| Author | : Baskaran Balasingham |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 304 |
| Release | : 2016-04-24 |
| Genre | : Law |
| ISBN | : 9041184805 |
The European Union (EU) leniency programme is a key weapon in the Commission’s fight against hard-core cartels. Much of the success of EU cartel enforcement depends on the continued effectiveness of the leniency policy and is especially critical in response to the growth of private enforcement. This book offers a comprehensive description of the development of the policy, along with a normative framework that promises to ensure the full legitimacy of the leniency programme: the Commission’s policy should pursue not only effectiveness but also fairness. It is the first work to extensively analyse the effectiveness and fairness in the EU leniency policy. Proceeding systematically from clarifying the concepts of ‘effectiveness’ and ‘fairness’ to addressing the tension between leniency and private actions for damages, the author discusses the nature of, and interrelations among, such aspects as the following: – the theoretical model of the EU fining policy; – the compatibility of the EU enforcement system with fundamental rights protection; – the gathering and evaluation of evidence at the preliminary investigation stage; – the severity and foreseeability of the EU cartel fines; – judicial review by the EU Courts in competition matters; – to what extent the current policy is effective and fair; and – reforms brought about by the 2002 and 2006 Leniency Notices and the leniency-related amendments by the 2014 Antitrust Damages Directive. A key feature is the author’s presentation of a normative framework to test the effectiveness (deterrence) and substantive fairness (retribution) of the EU leniency policy. As a clear demonstration of how to forestall the danger of focusing on effectiveness of leniency at the expense of fairness, both in a substantive and in a procedural sense, this book is a major contribution to the literature of competition law. It will prove to be of great value to competition authorities, antitrust practitioners and interested academics not only in Europe but also throughout the world.
| Author | : Giancarlo Spagnolo |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2017 |
| Genre | : |
| ISBN | : |
Cartels remain widespread and constitute a major problem for society. Leniency policies reduce or cancel the sanctions for the first firm(s) that self-report being part of a cartel and have become the main enforcement instrument used by competition authorities around the world in their fight against cartels. Such policies have shown to be a powerful tool in inducing firms to self-report or cooperate with a cartel investigation in exchange for a reduction in sanctions. Since they reduce sanctions for successful leniency applicants, these programs may also be abused to generate many successful convictions for the competition authority at the expense of reduced cartel deterrence and social welfare. Hence, it is vital for competition authorities and society to understand how leniency programs affect firms' incentives, in order to optimize their design and administration. A rich theoretical, empirical and experimental economic literature developed in the last two decades to meet the challenge. In this chapter, we review some of the key studies which have been undertaken to date, with emphasis on more recent contributions and without claiming to be exhaustive (we apologize in advance to the authors of papers we could not discuss), highlighting and comparing the main results, and setting out their limitations. We conclude with a general assessment and an agenda for future research on this topic at the core of competition policy.
| Author | : Martha Martinez Licetti |
| Publisher | : World Bank Publications |
| Total Pages | : 275 |
| Release | : 2017-06-29 |
| Genre | : Business & Economics |
| ISBN | : 1464809461 |
Sustainable economic development has played a major role in the decline of global poverty in the past two decades. There is no doubt that competitive markets are key drivers of economic growth and productivity. They are also valuable channels for consumer welfare. Competition policy is a powerful tool for complementing efforts to alleviate poverty and bring about shared prosperity. An effective competition policy involves measures that enable contestability and firm entry and rivalry, while ensuring the enforcement of antitrust laws and state aid control. Governments from emerging and developing economies are increasingly requesting pragmatic solutions for effective competition policy implementation, as well as recommendations for pro-competitive sectoral policies. A Step Ahead: Competition Policy for Shared Prosperity and Inclusive Growth puts forward a research agenda that advocates the importance of market competition, effective market regulation, and competition policies for achieving inclusive growth and shared prosperity in emerging and developing economies. It is the result of a global partnership and shared commitment between the World Bank Group and the Organisation for Economic Co-operation and Development (OECD). Part I of the book brings together existing empirical evidence on the benefits of competition for household welfare. It covers the elimination of anticompetitive practices and regulations that restrict competition in key markets and highlights the effects of competition on small producers and employment. Part II of the book focuses on the distributional effects of competition policies and how enforcement can be better aligned with shared prosperity goals.
| Author | : Christopher Harding |
| Publisher | : |
| Total Pages | : 439 |
| Release | : 2010 |
| Genre | : Law |
| ISBN | : 0199551480 |
One of the most contentious and high-profile aspects of EU competition law and policy has been the regulation of those serious competition or antitrust violations now often referred to as 'hard core cartels'. Such cartel activity typically involves large and powerful corporate producers and traders operating across Europe and beyond, and comprise practices such as price fixing, bid rigging, market sharing, and limiting production in order to ensure 'market stability' and maintain and increase profits. There is little disagreement now, in terms of competition theory and policy at both international and national levels, regarding the damaging effect of such trading practices on public and consumer interests, and such cartels have been subject to increasing condemnation in the legal process of regulating and protecting competition. Regulating Cartels in Europe provides critical evaluation of the way in which European-level regulation has evolved to deal with the activities of such anti-competitive business cartels. They trace the historical development of cartel regulation in Europe, comparing the more pragmatic and empirical approached favored in Europe with the more dogmatic and uncompromising American policy on cartels. In particular, the work considers critically the move towards the use of fully fledged criminal proceedings in this area of legal control, examining evolving aspects of enforcement policy such as the use of leniency programs and the deployment of a range of criminal law and other sanctions. This new edition of the work covers emerging themes and arguments in the discipline, including the judicial review of decisions against cartels, the criminological and legal basis of the criminalization of cartel conduct, and the range and effectiveness of sanctions used in response to cartel activity.
