IDEAS home Printed from https://ideas.repec.org/p/hal/journl/halshs-00727681.html
   My bibliography  Save this paper

Cartel and Monopoly Policy

Author

Listed:
  • Hugues Bouthinon-Dumas

    (ESSEC Business School - Essec Business School)

  • Frédéric Marty

    (GREDEG - Groupe de Recherche en Droit, Economie et Gestion - UNS - Université Nice Sophia Antipolis (... - 2019) - COMUE UCA - COMUE Université Côte d'Azur (2015 - 2019) - CNRS - Centre National de la Recherche Scientifique - UCA - Université Côte d'Azur)

Abstract

Firm strategies are deeply affected by the legal framework which rules the relationships between the economic agents regarding monopoly and cartel policy. Undertakings have to manoeuvre through a complex universe. Not only must they master the rules of the economic game of competition but also the legal rules of competition law which are characteristic of competition and add up to the aforementioned. Monopoly and cartel policy presents itself as an important limitation to the freedom of action of firms and as a source of risks because some of their behaviours or choices are likely to be challenged, even punished by the competition authorities for the sake of the market preservation. Yet, firms can be strongly tempted to be harmful to competition insomuch as cartel and monopolies or taking advantage of a dominant position are means generally efficient for reaching the goals companies are aiming at in a capitalistic economy: the increase of profits thanks to the growth of margins and the "quiet life" thanks to a better control of their environment. First we will present the bases of monopoly and cartel policy (1) then the rules that result from it (2) before taking into account the competition authority decisional practices and their consequences on the firms' strategies (3).

Suggested Citation

  • Hugues Bouthinon-Dumas & Frédéric Marty, 2012. "Cartel and Monopoly Policy," Post-Print halshs-00727681, HAL.
  • Handle: RePEc:hal:journl:halshs-00727681
    Note: View the original document on HAL open archive server: https://halshs.archives-ouvertes.fr/halshs-00727681
    as

    Download full text from publisher

    File URL: https://halshs.archives-ouvertes.fr/halshs-00727681/document
    Download Restriction: no
    ---><---

    Other versions of this item:

    References listed on IDEAS

    as
    1. William E. Kovacic & Carl Shapiro, 2000. "Antitrust Policy: A Century of Economic and Legal Thinking," Journal of Economic Perspectives, American Economic Association, vol. 14(1), pages 43-60, Winter.
    2. Giocoli, Nicola, 2008. "Competition vs. property rights: American antitrust law, the Freiburg School and the early years of European competition policy," MPRA Paper 33807, University Library of Munich, Germany.
    Full references (including those not matched with items on IDEAS)

    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. Bougette, Patrice & Deschamps, Marc & Marty, Frã‰Dã‰Ric, 2015. "When Economics Met Antitrust: The Second Chicago School and the Economization of Antitrust Law," Enterprise & Society, Cambridge University Press, vol. 16(2), pages 313-353, June.
    2. Giocoli, Nicola, 2008. "Three alternative (?) stories on the late 20th-century rise of game theory," MPRA Paper 33808, University Library of Munich, Germany.
    3. Octavian-Dragomir Jora & Gheorghe Hurduzeu & Mihaela Iacob & Georgiana-Camelia Cre?an, 2017. "“Dialectical Contradictions” in the Neoclassical Theory and Policy Regarding Market Competition: The Consumer and His Continuos Burden of Crisis," The AMFITEATRU ECONOMIC journal, Academy of Economic Studies - Bucharest, Romania, vol. 19(45), pages 544-544, May.
    4. Cassey Lee, 2007. "Legal Traditions and Competition Policy," Chapters, in: Paul Cook & Raul Fabella & Cassey Lee (ed.), Competitive Advantage and Competition Policy in Developing Countries, chapter 4, Edward Elgar Publishing.
    5. Andrey V. Makarov, 2014. "Comparative Analusis Of Antitrust Policy Against Collusion In Some Transition Economies: Challenges For Effectiveness," HSE Working papers WP BRP 20/PA/2014, National Research University Higher School of Economics.
    6. Nicola Giocoli, 2015. "Old lady charm: explaining the persistent appeal of Chicago antitrust," Journal of Economic Methodology, Taylor & Francis Journals, vol. 22(1), pages 96-122, March.
    7. Adriana Breccia & Hector Salgado-Banda, 2006. "Competing or Colluding in a Stochastic Environment," Computing in Economics and Finance 2006 423, Society for Computational Economics.
    8. Connor, John M. & Bolotova, Yuliya, 2006. "Cartel overcharges: Survey and meta-analysis," International Journal of Industrial Organization, Elsevier, vol. 24(6), pages 1109-1137, November.
    9. Agamirova, Maria (Агамирова, Мария) & Dzagurova, Natalia (Дзагурова, Наталия), 2014. "Incentives for cooperative-specific investments from court decisions to the theoretical analysis [Стимулы Для Осуществления Кооперативных Специфических Инвестиций: От Судебных Решений К Теоретическ," Economic Policy, Russian Presidential Academy of National Economy and Public Administration, vol. 4, pages 79-97.
    10. ., 2013. "Concepts of economic competition and performance in context," Chapters, in: Competition, Diversity and Economic Performance, chapter 2, pages 20-47, Edward Elgar Publishing.
    11. Joshua D. Wright, 2010. "The Chicago School, Transaction Cost Economics, and Antitrust," Chapters, in: Peter G. Klein & Michael E. Sykuta (ed.), The Elgar Companion to Transaction Cost Economics, chapter 23, Edward Elgar Publishing.
    12. Hansen, G.D. & Ohanian, L.E., 2016. "Neoclassical Models in Macroeconomics," Handbook of Macroeconomics, in: J. B. Taylor & Harald Uhlig (ed.), Handbook of Macroeconomics, edition 1, volume 2, chapter 0, pages 2043-2130, Elsevier.
    13. Adrien de Hauteclocque & Jean-Michel Glachant, 2011. "Long-term Contracts and Competition Policy in European Energy Markets," Chapters, in: Jean-Michel Glachant & Dominique Finon & Adrien de Hauteclocque (ed.), Competition, Contracts and Electricity Markets, chapter 9, Edward Elgar Publishing.
    14. Patrice Bougette & Oliver Budzinski & Frédéric Marty, 2019. "Exploitative Abuse and Abuse of Economic Dependence: What Can We Learn From an Industrial Organization Approach?," Revue d'économie politique, Dalloz, vol. 129(2), pages 261-286.
    15. Stefania-Cristina Curea & Eduard Dinu & Paul Prisecaru, 2017. "The Analysis of the Correlation between the Degree of Market Concentration and the Level of Consumer Protection," The AMFITEATRU ECONOMIC journal, Academy of Economic Studies - Bucharest, Romania, vol. 19(45), pages 339-339, May.
    16. Ohanian, Lee E., 2009. "What - or who - started the great depression?," Journal of Economic Theory, Elsevier, vol. 144(6), pages 2310-2335, November.
    17. Litan, Robert E. & Shapiro, Carl, 2001. "Antitrust Policy During the Clinton Administration," Competition Policy Center, Working Paper Series qt45r5r72p, Competition Policy Center, Institute for Business and Economic Research, UC Berkeley.
    18. Goodwin, Neva, 2005. "The limitations of markets: Background essay," MPRA Paper 27940, University Library of Munich, Germany.
    19. Paul Pautler, 2015. "A Brief History of the FTC’s Bureau of Economics: Reports, Mergers, and Information Regulation," Review of Industrial Organization, Springer;The Industrial Organization Society, vol. 46(1), pages 59-94, February.
    20. Richard B. Baker & Carola Frydman & Eric Hilt, 2018. "Political Discretion and Antitrust Policy: Evidence from the Assassination of President McKinley," NBER Working Papers 25237, National Bureau of Economic Research, Inc.

    More about this item

    Keywords

    Competition Policy; monopolization; legal uncertainty; effect based approach; approche par les effets; insécurité juridique; cartel; abus de position dominante; Politique de concurrence;
    All these keywords.

    NEP fields

    This paper has been announced in the following NEP Reports:

    Statistics

    Access and download statistics

    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:hal:journl:halshs-00727681. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: . General contact details of provider: https://hal.archives-ouvertes.fr/ .

    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: CCSD (email available below). General contact details of provider: https://hal.archives-ouvertes.fr/ .

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

    IDEAS is a RePEc service hosted by the Research Division of the Federal Reserve Bank of St. Louis . RePEc uses bibliographic data supplied by the respective publishers.