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Challenges and Pitfalls in Cartel Fining

Author

Listed:
  • Marcel Boyer
  • Anne-Cathérine Faye
  • Eric Gravel
  • Rachidi Kotchoni

    (EconomiX - EconomiX - UPN - Université Paris Nanterre - CNRS - Centre National de la Recherche Scientifique)

Abstract

We analyze challenges and pitfalls faced by antitrust authorities in the fining of cartels. We review economics and legal approaches to cartel fining and the sometimes-conflicting objectives of restitution, deterrence, and proportionality. We also discuss various theoretical and empirical hurdles that antitrust authorities and courts must overcome to determine appropriate cartel fines, namely regarding cartel impact duration, but-for prices, and overcharges.

Suggested Citation

  • Marcel Boyer & Anne-Cathérine Faye & Eric Gravel & Rachidi Kotchoni, 2018. "Challenges and Pitfalls in Cartel Fining," Post-Print hal-01825584, HAL.
    • Handle: RePEc:hal:journl:hal-01825584
    as

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    Cited by:

    1. Marcel Boyer & Anne Catherine Faye & Éric Gravel & Rachidi Kotchoni, 2019. "Guiding Principles in Setting Cartel Sanctions (The Working Paper Version)," CIRANO Working Papers 2019s-18, CIRANO.
    2. Aditya Bhattacharjea & Oindrila De, 2021. "India’s Cartel Penalty Practices, Optimal Restitution and Deterrence," IEG Working Papers 424, Institute of Economic Growth.

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