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Deterrence in Competition Law

In: THE ANALYSIS OF COMPETITION POLICY AND SECTORAL REGULATION

Author

Listed:
  • Paolo Buccirossi
  • Lorenzo Ciari
  • Tomaso Duso
  • Giancarlo Spagnolo
  • Cristiana Vitale

Abstract

This chapter provides a comprehensive discussion of the deterrence properties of a competition policy regime. On the basis of the economic theory of law enforcement, we identify several factors that are likely to affect its degree of deterrence: (1) sanctions and damages; (2) financial and human resources; (3) powers during the investigation; (4) quality of the law; (5) independence; and (6) separation of powers. We then discuss how to measure deterrence. We review the literature that uses surveys to solicit direct information on changes in the behavior of firms due to the threats posed by the enforcement of antitrust rules, and the literature based on the analysis of hard data. Finally, we argue that the most challenging task both theoretically and empirically is how to distinguish between ¡°good¡± and ¡°bad¡± deterrence.

Suggested Citation

  • Paolo Buccirossi & Lorenzo Ciari & Tomaso Duso & Giancarlo Spagnolo & Cristiana Vitale, 2014. "Deterrence in Competition Law," World Scientific Book Chapters,in: THE ANALYSIS OF COMPETITION POLICY AND SECTORAL REGULATION, chapter 15, pages 423-454 World Scientific Publishing Co. Pte. Ltd..
  • Handle: RePEc:wsi:wschap:9789814616362_0015
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    Cited by:

    1. Shastitko, Andrey, 2014. "Effects of the Third Party Errors," Published Papers re9021, Russian Presidential Academy of National Economy and Public Administration.
    2. Shastitko, A., 2011. "Errors of I and II Types in Economic Exchanges with Third Party Enforcement," Journal of the New Economic Association, New Economic Association, issue 10, pages 125-148.

    More about this item

    Keywords

    Competition Policy; Sectoral Regulation; Pattern Asymmetry; Market Consolidation; Grocery Retailing; Pricing Developments; Industry Structure; Price Effects of Mergers; Input Price Shocks; Quantity Discounts;

    JEL classification:

    • L40 - Industrial Organization - - Antitrust Issues and Policies - - - General
    • K21 - Law and Economics - - Regulation and Business Law - - - Antitrust Law

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