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Inconsequential Harmonization Of Danish Competition Law

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Author Info

  • Blomgren-Hansen, Niels

    (Department of Economics, Copenhagen Business School)

  • Møllgaard, H.Peter

    (Department of Economics, Copenhagen Business School)

Abstract

By replicating Articles 85 and 86 of the EC Treaty the Danish Competition Act (put in force January 1998) constituted a shift from the control principle to the prohibition principle. This is an important improvement from the point of view that regulatory legislation should be designed to give business economics incentives to act in a socially beneficial way, placing the burden of efficiency losses at the party who can avoid such losses at the least expected cost. The act now correctly makes businessses ex ante liable, but two equally important elements of an optimally designed antitrust legislation are missing: (1) The authority of the enforcing agency to impose administrative fines of a magnitude that makes the expected cost of infringements negative; (2) An appropriate organizational structure. With these two deficiencies the practical signifiance of the shift of principle is likely to be insignificant.

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File URL: http://openarchive.cbs.dk/cbsweb/handle/10398/7547
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Bibliographic Info

Paper provided by Copenhagen Business School, Department of Economics in its series Working Papers with number 01-1999.

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Length: 10 pages
Date of creation: 13 Jan 1999
Date of revision:
Handle: RePEc:hhs:cbsnow:1999_001

Contact details of provider:
Postal: Department of Economics, Copenhagen Business School, Solbjerg Plads 3 C, 5. sal, DK-2000 Frederiksberg, Denmark
Phone: 38 15 25 75
Fax: 38 15 34 99
Email:
Web page: http://www.cbs.dk/departments/econ/
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Related research

Keywords: Competition law; Antitrust economics; Deterring incentives; Design of enforcing agency;

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