Inconsequential Harmonization Of Danish Competition Law
AbstractBy 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.
Download InfoIf you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.
Bibliographic InfoPaper provided by Copenhagen Business School, Department of Economics in its series Working Papers with number 01-1999.
Length: 10 pages
Date of creation: 13 Jan 1999
Date of revision:
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
Web page: http://www.cbs.dk/departments/econ/
More information through EDIRC
Competition law; Antitrust economics; Deterring incentives; Design of enforcing agency;
Find related papers by JEL classification:
- K21 - Law and Economics - - Regulation and Business Law - - - Antitrust Law
- L40 - Industrial Organization - - Antitrust Issues and Policies - - - General
This paper has been announced in the following NEP Reports:
You can help add them by filling out this form.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Lars Nondal).
If references are entirely missing, you can add them using this form.