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Divide et Impera. Optimnal Deterrence Mechanisms Against Cartels and Organized Crime

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  • Giancarlo Spagnolo

Abstract

Leniency programs reduce sanctions for law violators that self-report. We focus on their ability to deter cartels and organized crime by increasing incentives to "cheat" on partners. Optimally designed "courageous" leniency programs reward the first party that reports with the fines paid by all other parties, and achieve the first best: complete and costless deterrence. "Moderate" leniency programs that only reduce or cancel sanctions may deter organized crime (a) by protecting an agent that defects from fines and from other agents' punishment; and (b) by increasing the riskiness of crime/collusion, in the sense of Harsanyi and Selten (1988). 038 \pagebreak

Suggested Citation

  • Giancarlo Spagnolo, 2004. "Divide et Impera. Optimnal Deterrence Mechanisms Against Cartels and Organized Crime," Econometric Society 2004 North American Winter Meetings 485, Econometric Society.
    • Handle: RePEc:ecm:nawm04:485
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    1. Matthias Blonski & Giancarlo Spagnolo, 2015. "Prisoners’ other Dilemma," International Journal of Game Theory, Springer;Game Theory Society, vol. 44(1), pages 61-81, February.
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    9. repec:bla:jecsur:v:11:y:1997:i:3:p:267-95 is not listed on IDEAS
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    Cited by:

    1. Benjamin Radoc & Philip Amadeus Libre & Shanti Aubren Prado, 2020. "Incentive to squeal: an experiment on leniency programs for antitrust violators," Department of Economics, Ateneo de Manila University, Working Paper Series 202003, Department of Economics, Ateneo de Manila University.
    2. Joe Chen & Joseph E. Harrington, Jr., 2005. "The Impact of the Corporate Leniency Program on Cartel Formation and the Cartel Price Path," CIRJE F-Series CIRJE-F-358, CIRJE, Faculty of Economics, University of Tokyo.
    3. Marcel Boyer & Thomas W. Ross & Ralph A. Winter, 2017. "The rise of economics in competition policy: A Canadian perspective," Canadian Journal of Economics, Canadian Economics Association, vol. 50(5), pages 1489-1524, December.
    4. Emilie Dargaud & Armel Jacques, 2020. "Slowdown antitrust investigations by decentralization," Working Papers halshs-02613352, HAL.
    5. Panayiotis Agisilaouy, 2012. "Keep to sustain or keep to exploit? Why Â…rms keep hard evidence," Working Paper series, University of East Anglia, Centre for Competition Policy (CCP) 2012-05, Centre for Competition Policy, University of East Anglia, Norwich, UK..
    6. Joseph E. Harrington, Jr, 2005. "Optimal Corporate Leniency Programs," Economics Working Paper Archive 527, The Johns Hopkins University,Department of Economics.
    7. Allain, Marie-Laure & Boyer, Marcel & Kotchoni, Rachidi & Ponssard, Jean-Pierre, 2015. "Are cartel fines optimal? Theory and evidence from the European Union," International Review of Law and Economics, Elsevier, vol. 42(C), pages 38-47.
    8. Panayiotis Agisilaou, 2013. "Collusion in Industrial Economics and Optimally Designed Leniency Programmes - A Survey," Working Paper series, University of East Anglia, Centre for Competition Policy (CCP) 2013-03, Centre for Competition Policy, University of East Anglia, Norwich, UK..
    9. Agisilaou, Panayiotis, 2012. "Keep to sustain or keep to exploit? Why firms keep hard evidence," MPRA Paper 39109, University Library of Munich, Germany.
    10. Ulrich Blum & Nicole Steinat & Michael Veltins, 2008. "On the rationale of leniency programs: a game-theoretical analysis," European Journal of Law and Economics, Springer, vol. 25(3), pages 209-229, June.
    11. Saitis, Athanasios, 2013. "Kartellbekämpfung und interne Kartellstrukturen: Ein netzwerktheoretischer Ansatz," FZID Discussion Papers 85-2013, University of Hohenheim, Center for Research on Innovation and Services (FZID).
    12. Philipp Festerling, 2005. "Cartel Prosecution and Leniency Programs: Corporate versus Individual Leniency," Economics Working Papers 2005-20, Department of Economics and Business Economics, Aarhus University.
    13. Brenner, Steffen, 2009. "An empirical study of the European corporate leniency program," International Journal of Industrial Organization, Elsevier, vol. 27(6), pages 639-645, November.
    14. Agisilaou, Panayiotis, 2011. "Keep to sustain or keep to exploit? Why firms keep hard evidence," MPRA Paper 30963, University Library of Munich, Germany.

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    More about this item

    Keywords

    Antitrust; Cartels; Collusion; Competition policy; Crime deterrence; Law enforcement; Leniency; Organized crime; Risk dominance; Self-reporting.;
    All these keywords.

    JEL classification:

    • L13 - Industrial Organization - - Market Structure, Firm Strategy, and Market Performance - - - Oligopoly and Other Imperfect Markets
    • L40 - Industrial Organization - - Antitrust Issues and Policies - - - General
    • K21 - Law and Economics - - Regulation and Business Law - - - Antitrust Law

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