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Leniency Inflation, Cartel Damages, and Criminalization

Author

Listed:
  • Catarina Marvão

    (Technological University Dublin - City Campus, School of Accounting, Economics and Finance
    SITE - Stockholm School of Economics)

  • Giancarlo Spagnolo

    (SITE - Stockholm School of Economics
    University of Rome Tor Vergata
    EIEF
    CEPR)

Abstract

We revisit the pros and cons of introducing cartel criminalization in the EU. We document the recent EU “leniency inflation”, whereby leniency has been increasingly awarded to many (or all) cartel members, which softens the “courthouse race” effect. Coupled with the insufficient protection of leniency applicants from damages (2014 Damages Directive), it may have led to a decrease in leniency applications and cartel convictions. Given the current level of fines, criminalization may have to be introduced. We then explore US criminal sanctions (1990–2015) to highlight potential areas of concern for EU policymakers, of which recidivism appears to be a significant one.

Suggested Citation

  • Catarina Marvão & Giancarlo Spagnolo, 2023. "Leniency Inflation, Cartel Damages, and Criminalization," Review of Industrial Organization, Springer;The Industrial Organization Society, vol. 63(2), pages 155-186, September.
    • Handle: RePEc:kap:revind:v:63:y:2023:i:2:d:10.1007_s11151-023-09920-2
    DOI: 10.1007/s11151-023-09920-2
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    References listed on IDEAS

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    1. Vivek Ghosal, 2011. "Regime Shift In Antitrust Laws, Economics, And Enforcement," Journal of Competition Law and Economics, Oxford University Press, vol. 7(4), pages 733-774.
    2. Motta, Massimo & Polo, Michele, 2003. "Leniency programs and cartel prosecution," International Journal of Industrial Organization, Elsevier, vol. 21(3), pages 347-379, March.
    3. Kyle Bagwell & Robert Staiger, 1997. "Collusion Over the Business Cycle," RAND Journal of Economics, The RAND Corporation, vol. 28(1), pages 82-106, Spring.
    4. repec:dau:papers:123456789/13637 is not listed on IDEAS
    5. Theo Nyreröd & Giancarlo Spagnolo, 2021. "Myths and numbers on whistleblower rewards," Regulation & Governance, John Wiley & Sons, vol. 15(1), pages 82-97, January.
    6. Paolo Buccirossi & Catarina Marvão & Giancarlo Spagnolo, 2020. "Leniency and Damages: Where Is the Conflict?," The Journal of Legal Studies, University of Chicago Press, vol. 49(2), pages 335-379.
    7. Ailin Dong & Massimo Massa & Alminas Žaldokas, 2019. "The effects of global leniency programs on margins and mergers," RAND Journal of Economics, RAND Corporation, vol. 50(4), pages 883-915, December.
    8. Zhijun Chen & Patrick Rey, 2013. "On the Design of Leniency Programs," Journal of Law and Economics, University of Chicago Press, vol. 56(4), pages 917-957.
    9. Green, Edward J & Porter, Robert H, 1984. "Noncooperative Collusion under Imperfect Price Information," Econometrica, Econometric Society, vol. 52(1), pages 87-100, January.
    10. Fabra, Natalia, 2006. "Collusion with capacity constraints over the business cycle," International Journal of Industrial Organization, Elsevier, vol. 24(1), pages 69-81, January.
    11. Pierre Cremieux & Edward A. Snyder, 2016. "Enforcement of Anticollusion Laws against Domestic and Foreign Firms," Journal of Law and Economics, University of Chicago Press, vol. 59(4), pages 775-803.
    12. Vivek Ghosal, 2008. "The Genesis Of Cartel Investigations: Some Insights From Examining The Dynamic Interrelationships Between U.S. Civil And Criminal Antitrust Investigations," Journal of Competition Law and Economics, Oxford University Press, vol. 4(1), pages 61-88.
    13. Heckman, James, 2013. "Sample selection bias as a specification error," Applied Econometrics, Russian Presidential Academy of National Economy and Public Administration (RANEPA), vol. 31(3), pages 129-137.
    14. Harold Houba & Evgenia Motchenkova & Quan Wen, 2009. "The Effects of Leniency on Maximal Cartel Pricing," Tinbergen Institute Discussion Papers 09-081/1, Tinbergen Institute.
    15. Peter L. Ormosi, 2014. "A Tip Of The Iceberg? The Probability Of Catching Cartels," Journal of Applied Econometrics, John Wiley & Sons, Ltd., vol. 29(4), pages 549-566, June.
    16. Olivia Bodnar & Melinda Fremerey & Hans-Theo Normann & Jannika Schad, 2023. "The Effects of Private Damage Claims on Cartel Activity: Experimental Evidence," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 39(1), pages 27-76.
    17. John M. Connor, 2010. "Recidivism Revealed: Private International Cartels 1990-2009," CPI Journal, Competition Policy International, vol. 6.
    18. Joseph E. Harrington Jr, 2013. "Corporate Leniency Programs when Firms have Private Information: The Push of Prosecution and the Pull of Pre-emption," Journal of Industrial Economics, Wiley Blackwell, vol. 61(1), pages 1-27, March.
    19. Nathan H. Miller, 2009. "Strategic Leniency and Cartel Enforcement," American Economic Review, American Economic Association, vol. 99(3), pages 750-768, June.
    Full references (including those not matched with items on IDEAS)

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    Cited by:

    1. Forsbacka, Tove & Le Coq, Chloé & Marvão, Catarina, 2023. "Cartel birth and death dynamics: Empirical evidence," International Journal of Industrial Organization, Elsevier, vol. 89(C).

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