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Pouvoir de négociation et procédure d'engagements en droit de la concurrence

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  • Saïd Souam
  • Arnold Vialfont

Abstract

We analyze the impact of the introduction of a commitments procedure in terms of efficiency and deterrence in antitrust contexts. This procedure consists in offering an immunity of fine to a firm in return for commitments that meet the competition concerns expressed to her. We first show that this procedure lowers the deterrent effect of the authorities? intervention but may enhance the consumers? surplus through an insurance effect against type-II errors. We also show that the bargaining power has a decisive effect since the firm may recover all of the procedural efficiency. We conclude that time inconsistency of the authority generally reduces the consumers? surplus. Classification JEL?: K21, K42, L41.

Suggested Citation

  • Saïd Souam & Arnold Vialfont, 2011. "Pouvoir de négociation et procédure d'engagements en droit de la concurrence," Revue économique, Presses de Sciences-Po, vol. 62(3), pages 609-619.
  • Handle: RePEc:cai:recosp:reco_623_0609
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    JEL classification:

    • K21 - Law and Economics - - Regulation and Business Law - - - Antitrust Law
    • K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law
    • L41 - Industrial Organization - - Antitrust Issues and Policies - - - Monopolization; Horizontal Anticompetitive Practices

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