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Global Antitrust Prosecutions Of Modern International Cartels

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Author Info

  • John M. Connor

    ()
    (Department of Agricultural Economics, College of Agriculture, Purdue University)

Abstract

International cartelists face investigations and possible fines in a score of national and supranational jurisdictions, but the three with the most consistent legal responses to global cartels are the United States, Canada, and the EU. This paper examines the antitrust fines and private penalties imposed on the participants of 167 international cartels discovered during 1990-2003. While more than US$ 10 billion in penalties has been imposed, it is doubtful that such monetary sanctions can deter modern international cartels. The apparently large size of government fines is distorted by one overwhelming case. Moreover, deterrence is frustrated by the failure of compensatory private suits to take hold outside of North America and the near absence of fines in most Asian jurisdictions. Without significant increases in cartel detection, in the levels of expected fines or civil settlements, or expansion of the standing of buyers to seek compensation, international price fixing will remain rational business conduct.

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Bibliographic Info

Paper provided by Purdue University, College of Agriculture, Department of Agricultural Economics in its series Working Papers with number 04-15.

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Length: 23 pages
Date of creation: 2004
Date of revision:
Handle: RePEc:pae:wpaper:04-15

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Keywords: antitrust; cartel; price fixing;

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References

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  1. John M. Connor, 2003. "Private International Cartels: Effectiveness, Welfare, and Anticartel Enforcement," Working Papers 03-12, Purdue University, College of Agriculture, Department of Agricultural Economics.
  2. Connor, John M., 2005. "Price-Fixing Overcharges: Legal And Economic Evidence," 2005 Annual meeting, July 24-27, Providence, RI 19254, American Agricultural Economics Association (New Name 2008: Agricultural and Applied Economics Association).
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Citations

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Cited by:
  1. John Connor, 2006. "Effectiveness of Antitrust Sanctions on Modern International Cartels," Journal of Industry, Competition and Trade, Springer, vol. 6(3), pages 195-223, December.
  2. Prof. Xiaowei Cai Ph.D, 2011. "Antitrust Agencies And Hard-Core Cartels: A Game Theoretic Perspective," Revista Tinerilor Economisti (The Young Economists Journal), University of Craiova, Faculty of Economics and Business Administration, vol. 1(17), pages 150-161, November.
  3. Jeroen Hinloopen, 2005. "The Pro-collusive Effect of Increasing the Repose Period for Price Fixing Agreements," Tinbergen Institute Discussion Papers 05-104/1, Tinbergen Institute.
  4. Hinloopen Jeroen, 2007. "The Pro-collusive Effect of Increasing the Repose Period for Price Fixing Agreements," The B.E. Journal of Economic Analysis & Policy, De Gruyter, vol. 7(1), pages 1-13, March.
  5. Cai, Xiaowei & Stiegert, Kyle W., 2010. "Cartel Dissolution with Effective Antitrust Policy," 2010 Annual Meeting, July 25-27, 2010, Denver, Colorado 61297, Agricultural and Applied Economics Association.
  6. Azevedo, Paulo Furquim de & Henriksen, Alexandre Lauri, 2010. "Cartel deterrence and settlements: the brazilian experience," Textos para discussão 265, Escola de Economia de São Paulo, Getulio Vargas Foundation (Brazil).
  7. James F. Nieberding, 2006. "Estimating overcharges in antitrust cases using a reduced-form approach: Methods and issues," Journal of Applied Economics, Universidad del CEMA, vol. 0, pages 361-380, November.
  8. K. Mehta, 2005. "Comments on Switgard Feuerstein's “Collusion in Industrial Economics—A Survey”," Journal of Industry, Competition and Trade, Springer, vol. 5(3), pages 217-222, December.
  9. Hinloopen, Jeroen, 2006. "Internal cartel stability with time-dependent detection probabilities," International Journal of Industrial Organization, Elsevier, vol. 24(6), pages 1213-1229, November.
  10. Connor, John M. & Bolotova, Yuliya, 2006. "Cartel overcharges: Survey and meta-analysis," International Journal of Industrial Organization, Elsevier, vol. 24(6), pages 1109-1137, November.
  11. Yuliya Bolotova & John M. Connor & Douglas J. Miller, 2007. "Factors influencing the magnitude of cartel overcharges: An empirical analysis of food-industry cartels," Agribusiness, John Wiley & Sons, Ltd., vol. 23(1), pages 17-33.
  12. Roland Königsgruber & David Windisch, 2014. "Does European Union policy making explain accounting choices? An empirical analysis of the effects of investigations by the Directorate General for Competition on accounting choices," Journal of Management and Governance, Springer, vol. 18(3), pages 717-731, August.
  13. van Bergeijk, P.A.G., 2009. "What could anti-trust in the OECD do for development?," ISS Working Papers - General Series 18720, International Institute of Social Studies of Erasmus University Rotterdam (ISS), The Hague.

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