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Optimal Structuring of Assessment Processes in Competition Law: A Survey of Theoretical Approaches

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  • Jürgen-Peter Kretschmer

    () (University of Marburg)

Abstract

In competition law, the problem of the optimal design of institutional and procedural rules concerns assessment processes of the pro- and anticompetitiveness of business behaviors. This is well recognized in the discussion about the relative merits of different assessment principles such as the rule of reason and per se rules. Supported by modern industrial organization research, which applies a more differentiated analysis to the welfare effects of different business behaviors, a full-scale case-by-case assessment seems to be the prevailing idea. Even though the discussion mainly focuses on extreme solutions, different theoretical approaches do exist, which provide important determinants and allow for a sound analysis of appropriate legal directives and investigation procedures from a ‘Law and Economics’ perspective. Integrating and examining them in light of various constellations results in differentiated solutions of optimally structured assessment processes.

Suggested Citation

  • Jürgen-Peter Kretschmer, 2011. "Optimal Structuring of Assessment Processes in Competition Law: A Survey of Theoretical Approaches," MAGKS Papers on Economics 201114, Philipps-Universität Marburg, Faculty of Business Administration and Economics, Department of Economics (Volkswirtschaftliche Abteilung).
  • Handle: RePEc:mar:magkse:201114
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    File URL: http://www.uni-marburg.de/fb02/makro/forschung/magkspapers/14-2011_kretschmer.pdf
    File Function: First version, 2011
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    References listed on IDEAS

    as
    1. Giuseppe Dari-Mattiacci & Bruno Deffains, 2007. "Uncertainty of Law and the Legal Process," Journal of Institutional and Theoretical Economics (JITE), Mohr Siebeck, Tübingen, vol. 163(4), pages 627-656, December.
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    Keywords

    Law Enforcement; Competition Law; Competition Policy; Antitrust Law; Antitrust Policy; Decision-Making;

    JEL classification:

    • K21 - Law and Economics - - Regulation and Business Law - - - Antitrust Law
    • K40 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - General
    • L40 - Industrial Organization - - Antitrust Issues and Policies - - - General
    • L49 - Industrial Organization - - Antitrust Issues and Policies - - - Other
    • D81 - Microeconomics - - Information, Knowledge, and Uncertainty - - - Criteria for Decision-Making under Risk and Uncertainty

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