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Challenges and Pitfalls in Cartel Policy and Fining

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  • Boyer, Marcel
  • Faye, Anne Catherine
  • Kotchoni, Rachidi

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.

Suggested Citation

  • Boyer, Marcel & Faye, Anne Catherine & Kotchoni, Rachidi, 2017. "Challenges and Pitfalls in Cartel Policy and Fining," TSE Working Papers 17-852, Toulouse School of Economics (TSE).
    • Handle: RePEc:tse:wpaper:32121
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    References listed on IDEAS

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    5. Marcel Boyer & Rachidi Kotchoni, 2015. "How Much Do Cartel Overcharge?," Review of Industrial Organization, Springer;The Industrial Organization Society, vol. 47(2), pages 119-153, September.
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    More about this item

    Keywords

    Cartels; Fines; Competition Policy; Antitrust; Dynamics;
    All these keywords.

    JEL classification:

    • K21 - Law and Economics - - Regulation and Business Law - - - Antitrust Law
    • K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law
    • L22 - Industrial Organization - - Firm Objectives, Organization, and Behavior - - - Firm Organization and Market Structure
    • L40 - Industrial Organization - - Antitrust Issues and Policies - - - General

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