Challenges and Pitfalls in Cartel Policy and Fining

Boyer, Marcel, Faye, Anne Catherine, Gravel, E. and Kotchoni, Rachidi (2018) Challenges and Pitfalls in Cartel Policy and Fining. Canadian Competition Law Review, vol. 31 (n° 1). pp. 50-82.

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Official URL: http://tse-fr.eu/pub/33223

Abstract

We analyze significant challenges and pitfalls faced by antitrust authorities in the implementation of competition policies particularly against naked cartels and propose measures principled in economic theory to circumvent these issues. We review leniency programs in different jurisdictions, the private versus public control of cartels, as well as the determination of cartel fines and other punishment instruments. Regarding cartel fines, we first discuss the sometimes-conflicting objectives of restitution and deterrence, then the economic-based versus legal- and proportional-based punishment. Moreover, we assess the proper modeling of cartel dynamics including the probability of detection and conviction, the relevant cartel duration, and the estimation of but-for prices and cartel overcharges.

Item Type: Article
Language: English
Date: September 2018
Refereed: Yes
Uncontrolled Keywords: Cartels, Fines, Competition Policy, Antitrust, Dynamics
Subjects: B- ECONOMIE ET FINANCE
Divisions: TSE-R (Toulouse)
Site: UT1
Date Deposited: 16 Jan 2019 08:41
Last Modified: 16 Jan 2019 08:41
OAI ID: oai:tse-fr.eu:33223
URI: http://publications.ut-capitole.fr/id/eprint/30807

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