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Triggering Inspections Ex Officio: Moving Beyond A Passive Eu Cartel Policy

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  • Hans W. Friederiszick
  • Frank P. Maier-Rigaud

Abstract

The implementation of leniency programs is considered a success both at a EU Community level and in individual member states. The paper discusses the value of ex officio investigations for cartel detection in light of leniency and complaint-based cases. Are ex officio investigations still needed? Should a competition authority concentrate its scarce resources exclusively on the prosecution of leniency or complaint-based cases or follow a proactive market monitoring policy? It is argued that investigations triggered ex officio are an important complementary enforcement tool to the other passive instruments available to a competition authority. A bottom-up methodology for triggering inspections based on economic criteria is presented allowing for a more proactive cartel policy.

Suggested Citation

  • Hans W. Friederiszick & Frank P. Maier-Rigaud, 2008. "Triggering Inspections Ex Officio: Moving Beyond A Passive Eu Cartel Policy," Journal of Competition Law and Economics, Oxford University Press, vol. 4(1), pages 89-113.
  • Handle: RePEc:oup:jcomle:v:4:y:2008:i:1:p:89-113.
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    File URL: http://hdl.handle.net/10.1093/joclec/nhm024
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    Cited by:

    1. Joseph E. Harrington Jr. & Myong-Hun Chang, 2015. "When Can We Expect a Corporate Leniency Program to Result in Fewer Cartels?," Journal of Law and Economics, University of Chicago Press, vol. 58(2), pages 417-449.
    2. Frank Maier-Rigaud & Ulrich Schwalbe, 2013. "Quantification of Antitrust Damages," Working Papers 2013-ECO-09, IESEG School of Management.
    3. Frank Maier-Rigaud, 2013. "Towards a European Directive on Damages Actions," Working Papers 2013-ECO-16, IESEG School of Management.
    4. Myong-Hun Chang & Joseph E. Harrington, Jr., 2008. "The Impact of a Corporate Leniency Program on Antitrust Enforcement and Cartelization," Economics Working Paper Archive 548, The Johns Hopkins University,Department of Economics.

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