IDEAS home Printed from https://ideas.repec.org/a/cmn/journl/y2012i2p35-47.html
   My bibliography  Save this article

Legal and Economic Analysis of Cartels, their Enforcement and the Leniency Program

Author

Listed:
  • Rastislav Funta

    (Charles University in Prague)

Abstract

Cartels are generally acknowledged as one of the most serious forms of anti-competitive behaviour between competitors. Due to the fact that competition authorities have faced difficulties in enforcing their competition policy with respect to cartels, the leniency program represents a legal, effective and often the only tool available for antitrust enforcers to detect the most serious types of agreements restricting competition. EU and US leniency programs share some common features, but there are also some differences which will be highlighted in the following paper, which will also provide an in-depth legal & economic analysis of cartel law enforcement on both sides of the Atlantic.

Suggested Citation

  • Rastislav Funta, 2012. "Legal and Economic Analysis of Cartels, their Enforcement and the Leniency Program," DANUBE: Law and Economics Review, European Association Comenius - EACO, issue 2, pages 35-47, June.
    • Handle: RePEc:cmn:journl:y:2012:i:2:p:35-47
    as

    Download full text from publisher

    File URL: http://www.eaco.eu/wp-content/uploads/2015/04/funta2.pdf
    Download Restriction: no
    ---><---

    References listed on IDEAS

    as
    1. Kai-Uwe Kühn, 2001. "Fighting collusion by regulating communication between firms," Economic Policy, CEPR, CESifo, Sciences Po;CES;MSH, vol. 16(32), pages 168-204.
    2. Motta,Massimo, 2004. "Competition Policy," Cambridge Books, Cambridge University Press, number 9780521016919.
    3. Michael A. Utton, 2011. "Cartels and Economic Collusion," Books, Edward Elgar Publishing, number 14208.
    4. Ross, Thomas W., 1992. "Cartel stability and product differentiation," International Journal of Industrial Organization, Elsevier, vol. 10(1), pages 1-13, March.
    5. Motta, Massimo & Polo, Michele, 2003. "Leniency programs and cartel prosecution," International Journal of Industrial Organization, Elsevier, vol. 21(3), pages 347-379, March.
    6. Binder, John J, 1988. "The Sherman Antitrust Act and the Railroad Cartels," Journal of Law and Economics, University of Chicago Press, vol. 31(2), pages 443-468, October.
    Full references (including those not matched with items on IDEAS)

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Nováčková Daniela & Peráček Tomáš, 2021. "The Common European Investment Policy and Its Perspectives in the Context of the Achmea Case Law," TalTech Journal of European Studies, Sciendo, vol. 11(1), pages 153-169, May.

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Kaplow, Louis & Shapiro, Carl, 2007. "Antitrust," Handbook of Law and Economics, in: A. Mitchell Polinsky & Steven Shavell (ed.), Handbook of Law and Economics, edition 1, volume 2, chapter 15, pages 1073-1225, Elsevier.
    2. Flavia Roldán, 2012. "Collusive Networks in Market‐Sharing Agreements in the Presence of an Antitrust Authority," Journal of Economics & Management Strategy, Wiley Blackwell, vol. 21(4), pages 965-987, December.
    3. Marcel Canoy & Patrick Rey & Eric van Damme, 2004. "Dominance and Monopolization," Chapters, in: Manfred Neumann & Jürgen Weigand (ed.), The International Handbook of Competition, chapter 7, Edward Elgar Publishing.
    4. Roldan, Flavia, 2011. "Covert networks and antitrust policy," IESE Research Papers D/932, IESE Business School.
    5. Allain, Marie-Laure & Boyer, Marcel & Kotchoni, Rachidi & Ponssard, Jean-Pierre, 2015. "Are cartel fines optimal? Theory and evidence from the European Union," International Review of Law and Economics, Elsevier, vol. 42(C), pages 38-47.
    6. Gerlach, Heiko, 2009. "Stochastic market sharing, partial communication and collusion," International Journal of Industrial Organization, Elsevier, vol. 27(6), pages 655-666, November.
    7. Rocco Ciciretti & Simone Meraglia & Gustavo Piga, 2011. "Capture, Politics and Antitrust Effectiveness," CEIS Research Paper 208, Tor Vergata University, CEIS, revised 05 Apr 2013.
    8. Arai, Koki & Ishibashi, Ikuo & Ishii-Ishibashi, Rieko, 2011. "Research and analysis on bid rigging mechanisms," Japan and the World Economy, Elsevier, vol. 23(1), pages 1-5, January.
    9. Akinbosoye, Osayi & Bond, Eric W. & Syropoulos, Constantinos, 2012. "On the stability of multimarket collusion in price-setting supergames," International Journal of Industrial Organization, Elsevier, vol. 30(2), pages 253-264.
    10. Kets, Willemien & Kager, Wouter & Sandroni, Alvaro, 2022. "The value of a coordination game," Journal of Economic Theory, Elsevier, vol. 201(C).
    11. Chen, Zhiqi & Ghosh, Subhadip & Ross, Thomas W., 2015. "Denying leniency to cartel instigators: Costs and benefits," International Journal of Industrial Organization, Elsevier, vol. 41(C), pages 19-29.
    12. Sahuguet, Nicolas & Walckiers, Alexis, 2013. "Selling to a cartel of retailers: a model of hub-and-spoke collusion," CEPR Discussion Papers 9385, C.E.P.R. Discussion Papers.
    13. Hélder Vasconcelos, 2008. "Sustaining Collusion in Growing Markets," Journal of Economics & Management Strategy, Wiley Blackwell, vol. 17(4), pages 973-1010, December.
    14. Hamaguchi, Yasuyo & Kawagoe, Toshiji & Shibata, Aiko, 2009. "Group size effects on cartel formation and the enforcement power of leniency programs," International Journal of Industrial Organization, Elsevier, vol. 27(2), pages 145-165, March.
    15. Stefano Colombo, 2012. "Colluding on a Price Increase," Journal of Industry, Competition and Trade, Springer, vol. 12(4), pages 365-371, December.
    16. Tim Reuter, 2017. "Endogenous Cartel Organization and Antitrust Fine Discrimination," Review of Industrial Organization, Springer;The Industrial Organization Society, vol. 51(3), pages 291-313, November.
    17. Xinzhu Zhang & Vanessa Zhang, 2012. "New Wine into Old Wineskins: Recent Developments in China’s Competition Policy Against Monopolistic/Collusive Agreements," Review of Industrial Organization, Springer;The Industrial Organization Society, vol. 41(1), pages 53-75, August.
    18. Patrice Bougette & Christian Montet & Florent Venayre, 2006. "L'efficacité économique des programmes de clémence," Post-Print halshs-00476807, HAL.
    19. Katsoulacos, Yannis & Motchenkova, Evgenia & Ulph, David, 2020. "Combining cartel penalties and private damage actions: The impact on cartel prices," International Journal of Industrial Organization, Elsevier, vol. 73(C).
    20. Klein, Gordon J. & Günster, Andrea, 2013. "Enforcement of European Competition Policy - Impact on Competition and Efficiency," VfS Annual Conference 2013 (Duesseldorf): Competition Policy and Regulation in a Global Economic Order 79989, Verein für Socialpolitik / German Economic Association.

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:cmn:journl:y:2012:i:2:p:35-47. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Helena Campbelle (email available below). General contact details of provider: http://www.eaco.eu .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.