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The Security agencies case represents another example of the procedural diversity among Member States in applying national competition rules that mirror Articles 101 and 102 TFEU. In its infringement decision the Croatian NCA specified that the presence at the meeting with competitors and...
Persistent link: https://www.econbiz.de/10014108940
This paper argues that empirical economic analysis in court proceedings is subject to important economic and legal restrictions, cumulating in a fundamental trade-off between accuracy and practicality. We draw lessons from two influential German court cases - the paper wholesaler cartel decision...
Persistent link: https://www.econbiz.de/10008699780
Adam Smith acquired yet another fifteen minutes of fame when his views on collusion were injected into the Supreme Court's ruling in Bell Atlantic v. Twombly. We consider Smith's views on the small group solidarity. Motivation by a desire for approbation provides Smith's explanation for the...
Persistent link: https://www.econbiz.de/10014223300
The duration of appellate court proceedings is an important determinant of the efficiency of a court system. We use data of 234 firm groups that participated in 63 cartels convicted by the European Commission between 2000 and 2012 to investigate the determinants of the duration of the subsequent...
Persistent link: https://www.econbiz.de/10013047790
The duration of appellate court proceedings is an important determinant of the efficiency of a court system. We use data of 234 firm groups that participated in 63 cartels convicted by the European Commission between 2000 and 2012 to investigate the determinants of the duration of the subsequent...
Persistent link: https://www.econbiz.de/10010405065
The appeals process – whereby the losing party of an administrative or judicial decision can seek reconsideration of their arguments before a higher institution – is an important mechanism to correct legal errors and to improve existing laws and regulations. We use data of 467 firm groups...
Persistent link: https://www.econbiz.de/10010405992
Hardcore cartels that make agreements on quantities, prices, or areas, risk receiving both administrative fines from the cartel authority and civil law claims for damages. In addition to these risks, there is a recurring legal policy discussion that cartelist should also face criminal law...
Persistent link: https://www.econbiz.de/10012253812
This paper argues that empirical economic analysis in court proceedings is subject to important economic and legal restrictions, culminating in a fundamental trade-off between accuracy and practicality. We draw lessons from two influential German court cases - the paper wholesaler cartel...
Persistent link: https://www.econbiz.de/10013094856
In the historic Finnish Asphalt case, a court provided both considerable direct compensation for the 40 municipalities that sued and also several types of indirect relief. After laboriously weighing complex economic, statistical, and testimonial evidence, the Court boldly sided with the economic...
Persistent link: https://www.econbiz.de/10014146591
This article explores the Spanish caselaw on the trucks cartel damages claims. It presents a rigorous empirical assessment of the courts' decisions (as of the cut-off date of 1/10/22), focusing particularly on the 1185 judgments on the merits issued by the courts of appeal. The large number of...
Persistent link: https://www.econbiz.de/10014242695