This paper investigates the design of a leniency policy to fight corporate crime. We explicitly take into account the agency problem within the firm. We model this through a three-tier hierarchy: authority, shareholder, and manager. The manager may breach the law and report evidence to the...

Although the pricing dynamics of hardcore cartels have been studied intensively from a theoretical perspective, empirical evidence is still rare. We combine publicly available data with a unique private data set of about 340,000 market transactions from 36 smaller and larger customers of German...

In this paper we analyze cartel formation and self-reporting incentives when firms operate in several geographical markets and face antitrust enforcement in different jurisdictions. We are concerned with the effectiveness of leniency programs and the benefits of international antitrust...

This paper analyses endogenous formation of technology sharing coalitions with asymmetric firms. Coalition partners produce complementary technology advancements, although firms do not co-operate on R&D investment level or in the product market. The equilibrium coalition outcome is either...

This paper formalizes an empirically implementable framework for the definition of local antitrust markets in retail markets. This framework rests on a demand model that captures the trade-off between distance and pecuniary cost across alternative shopping destinations within local markets. The...

This paper formalizes an empirically implementable framework for the definition of local antitrust markets in retail markets. This framework rests on a demand model that captures the trade-off between distance and pecuniary cost across alternative shopping destinations within local markets. The...

The market developments in international air transportation have led to the dominance of three global airline alliances - Star, SkyTeam and oneworld. At the same time, members of these alliances receive increasingly more freedom in coordinating various aspects of joint operations, including...

The European Commission is working on a revision of its Guidelines on Research and Development Agreements. On this occasion, this note surveys the existing experimental evidence. Experiments add a number of additional arguments to the normative assessment. R&D agreements have a much smaller...

This paper offers the first formal economic analysis of carve-outs under airline antitrust im- munity. Carve-outs are designed to limit the potential anticompetitive effects of cooperation by alliance partners in hub-to-hub markets, where they provide overlapping nonstop service. While the paper...

This paper analyzes international antitrust enforcement when multinational firms operate in several markets with antitrust authorities in each market. We are concerned with how the sustainability of collusion in one local market is affected by the existence of collusion in other markets when...

This paper analyses the endogenous formation of technology sharing coalitions with asymmetric firms. Coalition partners produce complementary technology advancements, although each firm determines its R&D investment level non-cooperatively and there is no co-operation in the product market. We...

The last couple of years have seen an increasing interest in critical loss analysis, both, in academia and in practice. This development is documented by various research papers, high-level exchanges between antitrust experts as well as an increasing number of case decisions which make use of...

If an antitrust authority chooses policies to maximize the number of successfully prosecuted cartels, when do those policies also serve to minimize the number of cartels that form? When the detection and prosecution of cartels is inherently difficult, we find that an antitrust authority's...

Advances in competition economics as well as in computational and empirical methods have offered the scope for the employment of merger simulation models in merger control procedures during the past almost 15 years. Merger simulation is, nevertheless, still a very young and innovative instrument...

We demonstrate that the popular Farrell-Shapiro-framework (FSF) for the analysis of mergers in oligopolies relies regarding its policy conclusions sensitively on the assumption that rational agents will only propose privately profitable mergers. If this assumption held, a positive external...

Naturally, competition policy is based on competition economics made applicable in terms of law and its enforcement. Within the different branches of competition economics, modern industrial economics, or more precisely gametheoretic oligopoly theory, has become the dominating paradigm both in...

To explore the efficacy of a corporate leniency program, a Markov process is constructed which models the stochastic formation and demise of cartels. Cartels are born when given the opportunity and market conditions are right, while cartels die because of internal collapse or they are caught and...

We set up a sequential merger game to study a firm's incentives to pass up on an opportunity to merge with another firm. We find that such incentives may exist when there are efficiency gains from a merger, firms are of different sizes, there is an antitrust authority present to approve mergers,...

Intellectual property rights and competition policy are intimately related. In this paper I survey the economic literature analyzing the interaction between intellectual property law and competition law and how the boundary between these two policies is drawn in practice. Recognizing that...

This paper examines the use of market-share thresholds (safe harbors) in evaluating whether a given vertical practice should be challenged. Such thresholds are typically found in vertical restraints guidelines (e.g., the 2000 Guidelines for the European Commission and the 1985 Guidelines for the...

Vor 50 Jahren, am 3. Juli 1957, wurde das Gesetz gegen Wettbewerbsbeschränkungen vom Bundestag verabschiedet. Wie wurde das Gesetz zu Beginn beurteilt und welche Wandlungen hat es bis heute erfahren? Wie sehen die Beziehungen zur europäischen Wettbewerbspolitik aus? Welche Aufgaben müssen...

Slotting allowances are fees paid by manufacturers to get access to retailers' shelf space. Both in the USA and Europe, the use of slotting allowances has attracted attention in the general press as well as among policy makers and economists. One school of thought claims that slotting allowances...

In times of globalization, trade liberalization and deregulation of specific industries, competition authorities face new challenges in order to protect national as well as international competition. With companies operating in various countries, fading market frontiers and increasing...

Thresholds defined on the level and change in the HHI (Herfindahl-Hirschmann Index) applied to market shares seem to be the main instrument to select notified mergers for investigation in both the EU and US. We question the use of such a selection rule in differentiated products industries. We...

This paper explores the relationship between competition policy, experience of the application of competition policy, the intensity of local competition and the standard of living. Perception data from the World Economic Forum is used to measure the intensity of local competition. Richer and...

Markets for durable goods constitute an important part of the economy. In this paper I first briefly review the microeconomic theory literature on durable-goods markets, focusing mostly on the last ten years. I then discuss a number of my own recent analyses concerning optimal antitrust policy...

Tying arrangements recently have been a major and contentious issue in many high profile antitrust cases in the US and Europe. Examples include the Microsoft case, the Visa and MasterCard case, and the proposed GE/Honeywell merger to name a few. This paper conducts a selective review of the...

Antitrust laws play a prominent role in the business environment of many nations. Indeed, if one is a regular reader of the New York Times or Wall Street Journal, the chances are good of seeing in any given week at least one, and often several, articles devoted to some aspect of antitrust...

In this chapter, we begin our discussion of antitrust economics by considering what many consider its most central element: its ban on "price fixing" - that is, agreements among competitors over the prices they will charge or the outputs they will produce. Indeed, the prohibition on price fixing...

In this chapter our attention turns to horizontal merger policy. The Sherman Act's prohibition on "contracts, combinations, and conspiracies in restraint of trade," whose application to price fixing we discussed in Chapter 2, also applies to horizontal mergers, but with an important difference:...

The identification of markets is a standard feature of anti-trust investigations, and the substantive decision in many cases stands or falls on the precise market definition selected.Market shares are often used to help establish jurisdiction or, more generally, to sort out priorities for...

The buyer solicits bids from suppliers with different cost distributions defined by their capacities. The expected market share of each supplier is the ratio of its capacity to the industry capacity. The buyer's optimal reserve price declines with increases in the concentration of the industry....

Price-fixing is characterized when firms are concerned about creating suspicions that a cartel has formed. Antitrust laws have a complex effect on pricing as they interact with the conditions determining the internal stability of the cartel. Dynamics are driven by two forces - the sensitivity of...

Standard methods in the U.S. for calculating antitrust damages in price-fixing cases is shown to create a strategic incentive for firms to price above the non-collusive price after the cartel has dissolved. This results in an overestimate of the but for price and an underestimate of the level of...

Es handelt sich um ein Gutachten, welches die E.ON AG in Auftrag gegeben hat, um den Antrag der E.ON AG zu überprüfen, die Kontrolle über die Ruhrgas AG zu übernehmen. Einleitend wird eine Marktübersicht über den deutschen und europäischen Gasmarkt gegeben. Anschließend wird die...

Es handelt sich um ein Gutachten, welches die E.ON AG in Auftrag gegeben hat, um den Antrag der E.ON AG zu überprüfen, die Kontrolle über die Ruhrgas AG zu übernehmen. Einleitend wird eine Marktübersicht über den deutschen und europäischen Gasmarkt gegeben. Anschließend wird die...

Price dynamics are characterized when a price-fixing cartel is concerned about creating suspicions of the presence of a cartel A dynamical extension of static models yields the counterfactual prediction that the cartel initially raises price and then gradually lowers it An alternative...

Antitrust issues increasingly reach beyond national borders. This paper addresses the question whether such issues can reasonably be solved by an extraterritorial application of national competition law or whether they call for an international competition policy of its own. The analysis is...

The US government has decidedly moved towards encouraging co-operation in research and development (R&D) between firms, universities, and other research institutes since the early 1980s. The Republican Administration in the early 1980s set the stage for a radical shift in market environment...

An environmental agreement in an oligopolistic market may violate the competition rules, as described in Articles 81 and 82 of the Treaty. Ordinarily, some collusion among firms is necessary for an environmental agreement to be successful. This collusion may be acceptable when it relates to the...

The paper takes the viewpoint of the neoinstitutional theory of the firm to analyse Germany's voluntary Dual Management System for Packaging Waste Collection and Recycling (DSD); namely, its governance structure and its contractual relations with upstream and downstream firms. Two aspects...

Many voluntary agreements (VA's) fall under the European or Dutch cartel prohibition (Article 81 EC, Article 6 Mededingingswet). This paper starts with an abstract description of the relation between competition and environmental protection. Particular attention is paid to the role in this...

This paper explores the various policies implemented in Italy to foster innovative activities and to regulate the technological effects on market competition and Intellectual Property Rights (IPR). Research promotion has primarily taken the form of facilitated credits and grants to stimulate R&D...

A trend common to virtually all European banking markets over the last decade or so has been the fall in bank numbers. The decline in number of banks and the associated increase in market concentration may suggest that banking service choice is declining. However, a growth in branch numbers in...

Hybrid governance structures between markets and hierarchies in many industries, e.g., in energy and telecommunications, challenge antitrust and regulation policy. The paper focuses on the theoretical and methodological basis provided by the New Institutional Economics (NIE) for analyzing the...

The globalisation of the world economy on the one side and the expansion of national systems of competition antitrust law on the other side over the last few years have raised to the top of the international agenda the trade and competition issue. While trade barriers are decreasing and business...

Efficiencies have yet not played a prominent role in American merger enforcement policy, although the federal antitrust agencies and the courts have recognized efficiencies as a factor in merger analysis that may tilt the balance in an otherwise anticompetitive transaction. A review of the...

Die Herausforderung: Steigender Anpassungsdruck durch die Globalisierung der Märkte Die Globalisierung der Märkte wird in Europa vor allem deswegen als schmerzhaft empfunden, weil sie mehr Flexibilität auf den besonders geschützten Arbeitsmärkten erfordert. Unter Druck geraten vor allem...