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Author : Massimo Motta
Publisher :
ISBN 13 :
Total Pages : 52 pages
Book Rating : 4.X/5 (6 download)
Download or read book Leniency Programs and Cartel Prosecution written by Massimo Motta and published by . This book was released on 1999 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Philipp Festerling
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)
Download or read book Cartel Prosecution and Leniency Programs written by Philipp Festerling and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The paper explores the interdependencies between corporate and individual leniency programs. In a duopoly model where corporations are separated into representing owners and operating managers, conflicts between the two types of agents arise if the relative benefits of participating in the corresponding leniency programs differ. As an example of what might cause differing relative benefits, the paper considers the inclusion of damage payments for owners which are not covered by the corporate leniency program. The main findings are: (1) Individual leniency applications are never observed. (2) Threats by managers to apply for individual leniency may, however, increase the owners' incentive to carry out corporate self-reports. (3) In other cases, the individual leniency program increases the owners' tolerance for cartel activity for two reasons: Either the corporate leniency program is sufficiently unattractive to the owners, or the owners rely on the option to apply for corporate leniency after the Antitrust Authority has opened a case. (4) Finally, the more distortion decreases, the more ineffective the individual leniency program becomes.
Author : OECD
Publisher : OECD Publishing
ISBN 13 : 9264174990
Total Pages : 102 pages
Book Rating : 4.2/5 (641 download)
Download or read book Fighting Hard-core Cartels Harm, Effective Sanctions and Leniency Programmes written by OECD and published by OECD Publishing. This book was released on 2002-05-29 with total page 102 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contributes to the existing knowledge about the extent of cartels' overcharges and other harm to businesses and consumers worldwide, and sheds light on new and effective "leniency programmes", as well as on optimal sanctions in cartel cases.
Author : Samantha Mobley
Publisher : OUP Oxford
ISBN 13 : 0191634905
Total Pages : 963 pages
Book Rating : 4.1/5 (916 download)
Download or read book Global Cartels Handbook written by Samantha Mobley and published by OUP Oxford. This book was released on 2011-12-08 with total page 963 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years cartel regulation has become a key priority for competition authorities around the globe resulting in a proliferation of immunity and leniency programmes. Competition authorities are constantly developing and revising their approaches to cartel regulation and introducing new mechanisms for businesses to report cartels, seek immunity and gain leniency. The need for businesses and their advisers to be able to identify and manage their global risk exposure is more pressing than ever before. The Global Cartels Handbook addresses this pressing need by providing a comparative analysis of immunity and leniency programmes for legal practitioners and corporate counsel. It consists of a comparative introduction which identifies some of the key features of the main jurisdictions and provides some of the strategic pointers to the most appropriate forums in which to seek leniency. A quick reference guide gives a tabular country-by-country overview of the leniency programmes in place around the world. This is followed by a detailed point-by-point description of each leniency programme, with reference to all key case law throughout, under a set of headings which are templated across each country chapter. This template format allows for ease of reference and consistency of information and provides essential practical information for filing a leniency application.
Author : Amanda Athayde
Publisher :
ISBN 13 :
Total Pages : 9 pages
Book Rating : 4.:/5 (13 download)
Download or read book Nearly 16 Years of the Leniency Program in Brazil written by Amanda Athayde and published by . This book was released on 2016 with total page 9 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 2003, the prosecution of hardcore cartels has been a top priority in Brazil. The Leniency Program in Brazil has been one of the most important investigative tools for detecting collusive conduct among competitors. The Leniency Program has exhibited some breakthroughs achieved in terms of the amount of new leniency agreements signed, the use of innovative tools and the reliability of CADE's procedures. Those results increase CADE's responsibility to be effective in the execution of its Leniency Program, as well as to be prepared to address new challenges that are on their way.
Author : Joseph E. Harrington Jr
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)
Download or read book Corporate Leniency Programs When Firms Have Private Information written by Joseph E. Harrington Jr and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A corporate leniency program provides relief from government penalties to the first member of a cartel to cooperate with the authorities. This study explores the incentives to apply for leniency when each cartel member has private information as to the likelihood that the competition authority will be able to convict them without a cooperating firm. A firm may apply for leniency because it fears being convicted ('prosecution effect') or because it fears another firm will apply ('pre-emption effect'). Policies by the competition authority to magnify concerns about pre-emption - and thereby induce greater use of the leniency program - are also explored.
Author : Julien Sauvagnat
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)
Download or read book Prosecution and Leniency Programs written by Julien Sauvagnat and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper characterizes the optimal investigation and leniency policies when the Competition Authority is privately informed about the strength of a cartel case. I show that the Competition Authority can then exploit firms' uncertainty about the risk of conviction to obtain confessions even when the case is weak. More generally, I show that offering full leniency allows the Competition Authority to open more successful investigations (what I refer to as the 'activism effect' of leniency), which overall raises both cartel desistance and cartel deterrence. Finally, I discuss the policy implications of the model.
Author : Evgenia Motchenkova
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (66 download)
Download or read book Effects of Leniency Programs on Cartel Stability written by Evgenia Motchenkova and published by . This book was released on 2004 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Impact of a Corporate Leniency Program on Antitrust Enforcement and Cartelization written by and published by . This book was released on 2008 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: To explore the efficacy of a corporate leniency program, a Markov process is constructed which models the stochastic formation and demise of cartels. Cartels are born when given the opportunity and market conditions are right, while cartels die because of internal collapse or they are caught and convicted by the antitrust authority. The likelihood that a cartel, once identified, is convicted depends inversely on the caseload of the antitrust authority due to an implicit resource constraint. The authority also chooses an enforcement policy in terms of the fraction of non-leniency cases that it prosecutes. Using numerical analysis, the impact of a leniency program on the steady-state cartel rate is investigated. Holding the enforcement policy of the antitrust authority fixed, a leniency program lowers the frequency of cartels. However, the additional caseload provided by the leniency program induces the antitrust authority to prosecute a smaller fraction of cartel cases identified outside of the program. Because of this less aggressive enforcement policy, it is possible that the cartel rate is higher when there is a leniency program.
Author : Paolo Buccirossi
Publisher :
ISBN 13 :
Total Pages : 716 pages
Book Rating : 4.3/5 (91 download)
Download or read book Handbook of Antitrust Economics written by Paolo Buccirossi and published by . This book was released on 2008-03-21 with total page 716 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Author : OECD
Publisher : OECD Publishing
ISBN 13 : 926410125X
Total Pages : 64 pages
Book Rating : 4.2/5 (641 download)
Download or read book Hard Core Cartels Recent progress and challenges ahead written by OECD and published by OECD Publishing. This book was released on 2003-05-27 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reviews progress in the fight against hard core cartels. It quantifies the harm caused by cartels and identifies improved methods of investigation. It also examines progress in strengthening sanctions against businesses and individuals.
Author : K. J. Cseres
Publisher : Edward Elgar Publishing
ISBN 13 : 184720290X
Total Pages : 369 pages
Book Rating : 4.8/5 (472 download)
Download or read book Criminalization of Competition Law Enforcement written by K. J. Cseres and published by Edward Elgar Publishing. This book was released on 2006-01-01 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Caron Beaton-Wells
Publisher : Bloomsbury Publishing
ISBN 13 : 1782259414
Total Pages : 425 pages
Book Rating : 4.7/5 (822 download)
Download or read book Anti-Cartel Enforcement in a Contemporary Age written by Caron Beaton-Wells and published by Bloomsbury Publishing. This book was released on 2015-09-24 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 ... '
Author : Section of Antitrust of the American Bar Association
Publisher :
ISBN 13 : 9781641055147
Total Pages : pages
Book Rating : 4.0/5 (551 download)
Download or read book International Antitrust Cartel Handbook written by Section of Antitrust of the American Bar Association and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Martha Martinez Licetti
Publisher : World Bank Publications
ISBN 13 : 1464809461
Total Pages : 275 pages
Book Rating : 4.4/5 (648 download)
Download or read book A Step Ahead written by Martha Martinez Licetti and published by World Bank Publications. This book was released on 2017-06-29 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Rastislav Funta
Publisher :
ISBN 13 :
Total Pages : 13 pages
Book Rating : 4.:/5 (13 download)
Download or read book Legal and Economic Analysis of Cartels, Their Enforcement and The Leniency Program written by Rastislav Funta and published by . This book was released on 2017 with total page 13 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cartels are generally acknowledged as one of the most serious forms of anti-competitive behaviour between competitors. Due to the fact that competition authorities have faced difficulties in enforcing their competition policy with respect to cartels, the leniency program represents a legal, effective and often the only tool available for antitrust enforcers to detect the most serious types of agreements restricting competition. EU and US leniency programs share some common features, but there are also some differences which will be highlighted in the following paper, which will also provide an in-depth legal & economic analysis of cartel law enforcement on both sides of the Atlantic.
Author : Dessie Tilahun Ayalew
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)
Download or read book The Comparative Analysis of Leniency Programs in Cartel Investigations in the United States and China written by Dessie Tilahun Ayalew and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Anti-Monopoly (Anti-Competition Law of the People's Republic of China (PRC) is a recent development of the state following the opening up and reform of the 1980s. The Anti-Monopoly Law of PRC learned many experiences from the western world, such as the United States and the European Union that have experienced more than a century. But the young Anti-Monopoly Law of PRC has a comparable status of stabling market and consumer protection with the legal regime of the European Union in which most principles are transplanted. On the other hand, the Chinese Anti-Monopoly Law has its own Chinese Characteristics, such as the adoption of abuse of administrative power to eliminate or restrict competition as a manifestation of state interference. While in areas of cartel agreement investigation and leniency programs, though there are quite many similarities with the Anti-Trust Law of the United States, the paper argued that being the behavior of cartel is not a criminal act and regarded as administrative misconduct, its deterrence effect is minimal that needs some revisions. Besides, the paper argued that some institutional arrangement warrants for Anti-monopoly acts protection and enforcement institutions.
