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Antitrust Enforcement and Marginal Deterrence

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Author Info

  • Houba, H.E.D.
  • Motchenkova, E.
  • Wen, Q.

    (Tilburg University, Tilburg Law and Economics Center)

Abstract

Abstract: We study antitrust enforcement in which the fine must obey four legal principles: punishments should fit the crime, proportionality, bankruptcy considerations, and minimum fines. We integrate these legal principles into an infinitely-repeated oligopoly model. Bankruptcy considerations ensure abnormal cartel profits. We derive the optimal fine schedule that achieves maximal social welfare under these legal principles. This optimal fine schedule induces collusion on a lower price making it more attractive than on higher prices. Also, raising minimum fines reduces social welfare and should never be implemented. Our analysis and results relate to the marginal deterrence literature by Shavell (1992) and Wilde (1992)

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Bibliographic Info

Paper provided by Tilburg University, Tilburg Law and Economic Center in its series Discussion Paper with number 2011-056.

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Date of creation: 2011
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Handle: RePEc:dgr:kubtil:2011056

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Web page: https://www.tilburguniversity.edu/research/institutes-and-research-groups/center-ar/

Related research

Keywords: Antitrust Policy; Antitrust Law; Oligopoly and Other Forms of Market Imperfection; Stochastic and Dynamic Games; Repeated Games.;

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References

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  1. Motta, Massimo & Polo, Michele, 2003. "Leniency programs and cartel prosecution," International Journal of Industrial Organization, Elsevier, vol. 21(3), pages 347-379, March.
  2. Garoupa, Nuno, 1997. " The Theory of Optimal Law Enforcement," Journal of Economic Surveys, Wiley Blackwell, vol. 11(3), pages 267-95, September.
  3. Drew Fudenberg & Jean Tirole, 1991. "Game Theory," MIT Press Books, The MIT Press, edition 1, volume 1, number 0262061414, December.
  4. Garoupa, Nuno, 2001. "Optimal magnitude and probability of fines," European Economic Review, Elsevier, vol. 45(9), pages 1765-1771, October.
  5. George J. Stigler, 1974. "The Optimum Enforcement of Laws," NBER Chapters, in: Essays in the Economics of Crime and Punishment, pages 55-67 National Bureau of Economic Research, Inc.
  6. Wilde, Louis L., 1992. "Criminal choice, nonmonetary sanctions and marginal deterrence: A normative analysis," International Review of Law and Economics, Elsevier, vol. 12(3), pages 333-344, September.
  7. Houba, Harold & Motchenkova, Evgenia & Wen, Quan, 2012. "Competitive prices as optimal cartel prices," Economics Letters, Elsevier, vol. 114(1), pages 39-42.
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Cited by:
  1. C. Detotto & BC. McCannon & M. Vannini, 2013. "A Note on Marginal Deterrence: Evidence," Working Paper CRENoS 201310, Centre for North South Economic Research, University of Cagliari and Sassari, Sardinia.

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