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The settlement procedure in EC cartel cases: An empirical assesment

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  • Hüschelrath, Kai
  • Laitenberger, Ulrich

Abstract

In June 2008, the European Commission (EC) was enabled to introduce a settlement procedure that aims at promoting the procedural efficiency of cartel enforcement in the European Union (EU). We use a data set consisting of 84 cartels decided by the EC from 2000 to 2014 to empirically investigate the impact of the EU settlement procedure on the duration of cartel investigations. Separating the enforcement process into two consecutive stages, we find that the introduction of the settlement procedure is followed by a substantial shortening of the second stage - reaching from the statement of objections (SO) to the decision - while it leaves the duration of the first stage from the beginning of the case to the SO unaffected. Subsequent to a discussion of further evaluation approaches we conclude that the EU Settlement Procedure has increased procedural efficiency of cartel enforcement in the European Union substantially.

Suggested Citation

  • Hüschelrath, Kai & Laitenberger, Ulrich, 2015. "The settlement procedure in EC cartel cases: An empirical assesment," ZEW Discussion Papers 15-064, ZEW - Leibniz Centre for European Economic Research.
  • Handle: RePEc:zbw:zewdip:15064
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    References listed on IDEAS

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    1. Florian Smuda & Patrice Bougette & Kai Hüschelrath, 2015. "Determinants of the Duration of European Appellate Court Proceedings in Cartel Cases," Journal of Common Market Studies, Wiley Blackwell, vol. 53(6), pages 1352-1369, November.
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    3. Allain, Marie-Laure & Boyer, Marcel & Kotchoni, Rachidi & Ponssard, Jean-Pierre, 2015. "Are cartel fines optimal? Theory and evidence from the European Union," International Review of Law and Economics, Elsevier, vol. 42(C), pages 38-47.
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    5. Florian Smuda, 2014. "Cartel Overcharges And The Deterrent Effect Of Eu Competition Law," Journal of Competition Law and Economics, Oxford University Press, vol. 10(1), pages 63-86.
    6. Hoang, Cung Truong & Hüschelrath, Kai & Laitenberger, Ulrich & Smuda, Florian, 2014. "Determinants of self-reporting under the European corporate leniency program," International Review of Law and Economics, Elsevier, vol. 40(C), pages 15-23.
    7. Ascione, Aurora & Motta, Massimo, 2008. "Settlements in cartel cases," MPRA Paper 24416, University Library of Munich, Germany.
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    9. Katrin Cremers & Paula Schliessler, 2015. "Patent litigation settlement in Germany: why parties settle during trial," European Journal of Law and Economics, Springer, vol. 40(2), pages 185-208, October.
    10. Hüschelrath, Kai & Laitenberger, Ulrich & Smuda, Florian, 2012. "Cartel enforcement in the European Union: Determinants of the duration of investigations," ZEW Discussion Papers 12-071, ZEW - Leibniz Centre for European Economic Research.
    11. Mario Mariniello, 2013. "Do European Union fines deter price-fixing?," Policy Briefs 780, Bruegel.
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    13. Bueren, Eckart & Hüschelrath, Kai & Veith, Tobias, 2014. "Time is money - how much money is time? Interest and inflation in competition law actions for damages," ZEW Discussion Papers 14-008, ZEW - Leibniz Centre for European Economic Research.
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    Cited by:

    1. Michael Hellwig & Kai Hüschelrath & Ulrich Laitenberger, 2018. "Settlements and Appeals in the European Commission’s Cartel Cases: An Empirical Assessment," Review of Industrial Organization, Springer;The Industrial Organization Society, vol. 52(1), pages 55-84, February.
    2. Hellwig, Michael & Hüschelrath, Kai, 2016. "Cartel cases and the cartel enforcement process in the European Union 2001-2015: A quantitative assessment," ZEW Discussion Papers 16-063, ZEW - Leibniz Centre for European Economic Research.

    More about this item

    Keywords

    competition policy; cartels; settlements; ex-post evaluation; European Union;

    JEL classification:

    • K21 - Law and Economics - - Regulation and Business Law - - - Antitrust Law
    • L41 - Industrial Organization - - Antitrust Issues and Policies - - - Monopolization; Horizontal Anticompetitive Practices

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