Hard Core Cartels

Hard Core Cartels
Author: Organisation for Economic Co-operation and Development
Publisher: Organisation for Economic Co-operation and Development
Total Pages: 72
Release: 2003-05-23
Genre: Business & Economics
ISBN:
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Anti-cartel measures seek to prevent violations of competition law such as agreements among competitors to fix prices, restrict product supply or submit collusive tenders. This report examines the harm caused by cartels and the progress made to strengthen methods of investigation and sanctions systems to tackle this problem. It also outlines and identifies the challenges that lie ahead.

Handbook of Antitrust Economics

Handbook of Antitrust Economics
Author: Paolo Buccirossi
Publisher:
Total Pages: 716
Release: 2008-03-21
Genre: Business & Economics
ISBN:
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Experts examine the application of economic theory to antitrust issues in both the United States and Europe, discussing mergers, agreements, abuses of dominance, and the impact of market features. Over the past twenty years, economic theory has begun to play a central role in antitrust matters. In earlier days, the application of antitrust rules was viewed almost entirely in formal terms; now it is widely accepted that the proper interpretation of these rules requires an understanding of how markets work and how firms can alter their efficient functioning. The Handbook of Antitrust Economics offers scholars, students, administrators, courts, companies, and lawyers the economist's view of the subject, describing the application of newly developed theoretical models and improved empirical methods to antitrust and competition law in both the United States and the European Union. (The book uses the U.S. term “antitrust law” and the European “competition law” interchangeably, emphasizing the commonalities between the two jurisdictions.) After a general discussion of the use of empirical methods in antitrust cases, the Handbook covers mergers, agreements, abuses of dominance (or unilateral conducts), and market features that affect the way firms compete. Chapters examine such topics as analyzing the competitive effects of both horizontal and vertical mergers, detecting and preventing cartels, theoretical and empirical analysis of vertical restraints, state aids, the relationship of competition law to the defense of intellectual property, and the application of antitrust law to “bidding markets,” network industries, and two-sided markets. Contributors Mark Armstrong, Jonathan B. Baker, Timothy F. Bresnahan, Paulo Buccirossi, Nicholas Economides, Hans W. Friederiszick, Luke M. Froeb, Richard J. Gilbert, Joseph E. Harrington, Jr., Paul Klemperer, Kai-Uwe Kuhn, Francine Lafontaine, Damien J. Neven, Patrick Rey, Michael H. Riordan, Jean-Charles Rochet, Lars-Hendrick Röller, Margaret Slade, Giancarlo Spagnolo, Jean Tirole, Thibaud Vergé, Vincent Verouden, John Vickers, Gregory J. Werden

Anti-Cartel Enforcement in a Contemporary Age

Anti-Cartel Enforcement in a Contemporary Age
Author: Caron Beaton-Wells
Publisher: Bloomsbury Publishing
Total Pages: 425
Release: 2015-09-24
Genre: Law
ISBN: 1782259414
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Leniency policies are seen as a revolution in contemporary anti-cartel law enforcement. Unique to competition law, these policies are regarded as essential to detecting, punishing and deterring business collusion – conduct that subverts competition at national and global levels. Featuring contributions from leading scholars, practitioners and enforcers from around the world, this book probes the almost universal adoption and zealous defence of leniency policies by many competition authorities and others. It charts the origins of and impetuses for the leniency movement, captures key insights from academic research and practical experience relating to the operation and effectiveness of leniency policies and examines leniency from the perspectives of corporate and individual applicants, advisers and authorities. The book also explores debates surrounding the intersections between leniency and other crucial elements of the enforcement system such as compensation, compliance and criminalisation. The rich critical analysis in the book draws on the disciplines of law, regulation, economics and criminology. It makes a substantial and distinctive contribution to the literature on a topic that is highly significant to a wide range of actors in the field of competition law and business regulation generally. From the Foreword by Professor Frédéric Jenny ' ... fundamental questions are raised and thoroughly discussed in this book which is undoubtedly the most comprehensive scholarly work on leniency policies produced so far ... [the] book should be required reading for all seeking to acquire a deeper insight into the issues related to leniency policy. It is a priceless contribution ... '

The Theory of Collusion and Competition Policy

The Theory of Collusion and Competition Policy
Author: Joseph E. Harrington, Jr.
Publisher: MIT Press
Total Pages: 145
Release: 2017-11-16
Genre: Business & Economics
ISBN: 0262036932
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A review of the theoretical research on unlawful collusion, focusing on the impact and optimal design of competition law and enforcement. Collusion occurs when firms in a market coordinate their behavior for the purpose of producing a supracompetitive outcome. The literature on the theory of collusion is deep and broad but most of that work does not take account of the possible illegality of collusion. Recently, there has been a growing body of research that explicitly focuses on collusion that runs afoul of competition law and thereby makes firms potentially liable for penalties. This book, by an expert on the subject, reviews the theoretical research on unlawful collusion, with a focus on two issues: the impact of competition law and enforcement on whether, how long, and how much firms collude; and the optimal design of competition law and enforcement. The book begins by discussing general issues that arise when models of collusion take into account competition law and enforcement. It goes on to consider game-theoretic models that encompass the probability of detection and penalties incurred when convicted, and examines how these policy instruments affect the frequency of cartels, cartel duration, cartel participation, and collusive prices. The book then considers the design of competition law and enforcement, examining such topics as the formula for penalties and leniency programs. The book concludes with suggested future lines of inquiry into illegal collusion.

The Impact of Cartels on National Economy and Competitiveness

The Impact of Cartels on National Economy and Competitiveness
Author: Jurgita Bruneckienė
Publisher: Springer
Total Pages: 330
Release: 2015-06-09
Genre: Business & Economics
ISBN: 3319172875
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The book presents theoretical and empirical research on the integrated assessment of cartels’ effects on national economies. The empirical analysis is based on three cases in Lithuania, a country chosen because it corresponds to the features of a small economy with a developing culture of competition. An integrated assessment of a cartel’s impact by measuring the net economic effect created by its operations on the market is extremely important at the scale of national economies. If a cartel’s true impact is not identified and evaluated, it is impossible to make important strategic decisions, for the whole economy instead of individual affected parties and to establish an optimum baseline for mitigating the harm done to the economy. Thus, an integrated cartel impact assessment can help to more proactively combat cartel agreements on the market and improve the economic welfare of the respective country.

Criminalization of Competition Law Enforcement

Criminalization of Competition Law Enforcement
Author: K. J. Cseres
Publisher: Edward Elgar Publishing
Total Pages: 369
Release: 2006-01-01
Genre: Law
ISBN: 184720290X
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This timely book brings together contributions from prominent scholars and practitioners to the ongoing debate on the criminalization of competition law enforcement. Recognizing that existing remedies and sanctions may be insufficient to deter breaches of competition law, several EU Member States have followed the US example and introduced pecuniary penalties for executives, professional disqualification orders, and even jail sentences. Addressing issues such as unsolved legal puzzles, standard of proof, leniency programs and internal cartel stability, this book is a marker for future policy debate. With perspectives from an international cast of contributors, Criminalization of Competition Law Enforcement will be of great interest to academics and policy makers as well as students and practitioners in law.

International Antitrust Cartel Handbook

International Antitrust Cartel Handbook
Author: Section of Antitrust of the American Bar Association
Publisher:
Total Pages:
Release: 2019
Genre:
ISBN: 9781641055147
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Cartel issues arise in a variety of settings and industries and increasingly without regard to jurisdictional boundaries. Many jurisdictions have granted their competition authorities broad jurisdictional reach and provided them with aggressive investigative tools, such as wiretap authority and compulsory process. There is also a burgeoning movement to criminalize cartel activity in places where it has previously been regarded as wholly or principally a civil or administrative matter. And the global proliferation of leniency programs continues to radically destabilize cartels, creating powerful incentives for institutions to turn against their co-conspirators.This first edition of the International Antitrust Cartel Handbook is a vital reference for both new and experienced antitrust practitioners navigating the increasingly complex global cartel enforcement environment. It brings together leading cartel practitioners from around the world to address the critical issues that arise throughout the lifecycle of a cartel investigation and prosecution. The Handbook provides both breadth of coverage and analytical depth suitable for a wide range of practitioners, including everyone from those who may find themselves on the front line of a government inquiry or internal investigation; to those awaiting their day in court to contest a criminal indictment; to those simply preparing to counsel a client on the basic "dos and don'ts" of engaging with competitors.

Criminalising Cartels

Criminalising Cartels
Author: Caron Beaton-Wells
Publisher: Bloomsbury Publishing
Total Pages: 776
Release: 2011-02-10
Genre: Law
ISBN: 1847318134
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This book is inspired by the international movement towards the criminalisation of cartel conduct over the last decade. Led by US enforcers, criminalisation has been supported by a growing number of regulators and governments. It derives its support from the simple yet forceful proposition that criminal sanctions, particularly jail time, are the most effective deterrent to such activity. However, criminalisation is much more complex than that basic proposition suggests. There is complexity both in terms of the various forces that are driving and shaping the movement (economic, political and social) and in the effects on the various actors involved in it (government, enforcement agencies, the business community, judiciary, legal profession and general public). Featuring contributions from authors who have been at the forefront of the debate around the world, this substantial 19-chapter volume captures the richness of the criminalisation phenomenon and considers its implications for building an effective criminal cartel regime, particularly outside of the US. It adopts a range of approaches, including general theoretical perspectives (from criminal theory, economics, political science, regulation and criminology) and case-studies of the experience with the design and enforcement of existing or contemplated criminal cartel regimes in various jurisdictions (including in Australia, Canada, EU, Germany, Ireland and the UK). The book also explores the international dimensions of criminalisation - its specific practical consequences (such as increased potential for extradition) as well as its more general implications for trends of harmonisation or convergence in competition law and enforcement.

A Step Ahead

A Step Ahead
Author: Martha Martinez Licetti
Publisher: World Bank Publications
Total Pages: 275
Release: 2017-06-29
Genre: Business & Economics
ISBN: 1464809461
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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.