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European competition policy modernization: From notifications to legal exception

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  • Loss, Frederic
  • Malavolti-Grimal, Estelle
  • Verge, Thibaud
  • Berges-Sennou, Fabian

Abstract

Council Regulation (EC) 1/2003 came into force on the 1st of May 2004 replacing themandatory notification of agreements between firms by a regime of ex post monitoring.This paper provides a theoretical justification for this shift based on the competitionauthority’s accuracy of judgement. We show that ex post monitoring dominates whenthe competition authority’s probability of error if low enough. We also investigate thetwo other existing legal systems, i.e. block exemptions and black list, and show that theyshould be preferred when the competition authority’s beliefs about the welfare impact ofthe agreements are very optimistic or very pessimistic.

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Bibliographic Info

Article provided by Elsevier in its journal European Economic Review.

Volume (Year): 52 (2008)
Issue (Month): 1 (January)
Pages: 77-98

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Handle: RePEc:eee:eecrev:v:52:y:2008:i:1:p:77-98

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Web page: http://www.elsevier.com/locate/eer

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References

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  1. Emons, Winand, 2003. "Escalating Penalties for Repeat Offenders," CEPR Discussion Papers 4131, C.E.P.R. Discussion Papers.
  2. Motta, M. & Polo, M., 1999. "Leniency Programs and Cartel Prosecution," Economics Working Papers eco99/23, European University Institute.
  3. Besanko, David & Spulber, Daniel F, 1993. "Contested Mergers and Equilibrium Antitrust Policy," Journal of Law, Economics and Organization, Oxford University Press, vol. 9(1), pages 1-29, April.
  4. Barros, Pedro Pita, 2003. "Looking behind the curtain--effects from modernization of European Union competition policy," European Economic Review, Elsevier, vol. 47(4), pages 613-624, August.
  5. Besanko, David & Spulber, Daniel F, 1989. "Antitrust Enforcement under Asymmetric Information," Economic Journal, Royal Economic Society, vol. 99(396), pages 408-25, June.
  6. Emons, Winand, 2002. "Subgame Perfect Punishment for Repeat Offenders," CEPR Discussion Papers 3667, C.E.P.R. Discussion Papers.
  7. Petros C. MAVROIDIS & Damien J. NEVEN, 2000. "The Modernisation of EU Competition Policy : Making the Network Operate," Cahiers de Recherches Economiques du Département d'Econométrie et d'Economie politique (DEEP) 00.17, Université de Lausanne, Faculté des HEC, DEEP.
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Cited by:
  1. Christian Growitsch & Nicole Nulsch & Margarethe Rammerstorfer, 2012. "Preventing innovative cooperations: the legal exemptions unintended side effect," European Journal of Law and Economics, Springer, vol. 33(1), pages 1-22, February.
  2. repec:hal:journl:halshs-00113503 is not listed on IDEAS
  3. Will, Birgit E. & Schmidtchen, Dieter, 2008. "Fighting cartels: some economics of council regulation (EC) 1/2003," CSLE Discussion Paper Series 2008-02, Saarland University, CSLE - Center for the Study of Law and Economics.
  4. repec:hal:cesptp:halshs-00113503 is not listed on IDEAS
  5. Ottaviani, Marco & Wickelgren, Abraham L., 2011. "Ex ante or ex post competition policy? A progress report," International Journal of Industrial Organization, Elsevier, vol. 29(3), pages 356-359, May.
  6. Cosnita-Langlais, Andreea & Tropeano, Jean-Philippe, 2012. "Do remedies affect the efficiency defense? An optimal merger-control analysis," International Journal of Industrial Organization, Elsevier, vol. 30(1), pages 58-66.
  7. Andreea Cosnita-Langlais & Jean-Philippe Tropeano, 2013. "Ex post or ex ante? On the optimal timing of merger control," EconomiX Working Papers 2013-22, University of Paris West - Nanterre la Défense, EconomiX.

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