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The 'Regulatory Authority Dixit' Defense in European Competition Law Enforcement

Congedo, Dr Pierluigi - 2016

The European Commission (EC) and the European Courts have being reaffirming in the Deutsche Telekom and Telefónica cases that guide-prices established by sector regulators upon electronic communications incumbents cannot per se exclude that conducts with anticompetitive foreclosure effects,...

Persistent link: https://www.econbiz.de/10013005613

Discretion and Prioritisation in Public Antitrust Enforcement, in Particular EU Antitrust Enforcement

Wils, Wouter P. J. - 2013

This paper discusses discretion and prioritisation in public antitrust enforcement, in particular in the enforcement of EU antitrust law. First, the paper defines the notion of discretion and discusses the rationale of discretion. Second, it examines the enforcement of Articles 101 and 102 TFEU...

Persistent link: https://www.econbiz.de/10014186135

Should Private Antitrust Enforcement Be Encouraged in Europe?

Wils, Wouter P. J. - 2013

The EC antitrust prohibitions are regularly invoked in private litigation as a shield. Private parties also play an important role in public antitrust enforcement through complaints to the competition authorities. However, in marked contrast with the situation in the US, private actions for...

Persistent link: https://www.econbiz.de/10014198798

The Relationship between Public Antitrust Enforcement and Private Actions for Damages

Wils, Wouter P. J. - 2013

This paper concerns the relationship between public antitrust enforcement and private actions for damages, focusing in particular on the enforcement of Articles 81 and 82 EC. In the first half of the paper, I examine the respective roles of public antitrust enforcement and private actions for...

Persistent link: https://www.econbiz.de/10014213178

Antitrust Compliance Programmes & Optimal Antitrust Enforcement

Wils, Wouter P. J. - 2019

Should companies that have antitrust compliance programmes be granted a reduction in the amount of fines or even immunity from fines when they are found to have committed antitrust infringements? Should the absence of a compliance programme constitute an aggravating factor leading to higher...

Persistent link: https://www.econbiz.de/10014163758

Fundamental Procedural Rights and Effective Enforcement of Articles 101 and 102 TFEU in the European Competition Network

Wils, Wouter P. J. - 2020

This paper deals with the fundamental procedural rights of companies that are targeted in the enforcement of Articles 101 and 102 TFEU by the European Commission or the competition authorities of the EU Member States. The paper first provides a (non-exhaustive) list of such rights as applicable...

Persistent link: https://www.econbiz.de/10014102075

Effective Public Enforcement of Cartels : Rates of Challenged and Annulled Cartel Fines in Ten European Member States

Outhuijse, Annalies - 2019

A substantial number of cartels in the European Union are detected and enforced by the national competition authorities (NCAs). The effectiveness of domestic enforcement has been subject to extensive review and debates, which have recently culminated and resulted in the proposal for the ECN+...

Persistent link: https://www.econbiz.de/10012868781

Can Blockchain Technologies Resolve the U.S. Antitrust Enforcement Problem?

Massarotto, Giovanna - 2022

framework for digital platforms. This paper proposes a different solution by exploring the adoption of a blockchain system and … ineffective. This paper investigates a blockchain system to tackle the lack of transparency and coordination in reaching the … blockchain-based smart contracts to enforce antitrust remedies enshrined in antitrust consent decrees by using FTC remedies as an …

Persistent link: https://www.econbiz.de/10014076796

Measuring the deterrence properties of competition policy : the competition policy indexes

Buccirossi, Paolo; Ciari, Lorenzo; Duso, Tomaso; … - 2009

The aim of this paper is to describe in detail a set of newly developed indicators of the quality of competition policy, Competition Policy Indexes, or CPIs. The CPIs measure the deterrence properties of a competition policy in a jurisdiction, where for competition policy we mean the antitrust...

Persistent link: https://www.econbiz.de/10003909293

The Chinese MOFCOM Enforces Telecoms Regulations in AML Merger Review (Wal-Mart/Yihaodian)

Chin, Yee Wah - 2013

The results of MOFCOM's review in Wal-Mart’s acquisition of control of Yihaodian is a reminder that non-competition factors play significant roles in AML merger control. MOFCOM’s decision in Wal-Mart/Yihaodian may be a striking "throw back" to the Coca-Cola/Huiyuan and Mitsubishi...

Persistent link: https://www.econbiz.de/10014158326