Competition Policy Analysis: An Integrated Approach by Kai Hüschelrath

By Kai Hüschelrath

The e-book develops an built-in strategy of pageant coverage research. in response to the belief that the deterrence of anticompetitive behaviour is the elemental goal of pageant coverage principles and their enforcement, 3 pivotal degrees of such an built-in process are pointed out: a primary point, a strategic point in addition to an operational point. next to the advance of the procedure, it truly is utilized to 3 conventional parts of pageant coverage – demanding center cartels, horizontal mergers and predation – earlier than conclusions are drawn on the way to ameliorate present pageant coverage.

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Another typical misuse (reflected in point 3) exploits the expensive nature of anti- 29 increases, and vice versa. , procyclical enforcement). One possible explanation for the identified countercyclical pattern of antitrust enforcement activity is that the number of antitrust violations increases in economic downturns. It is important to remark that the literature on the strategic abuse of antitrust law concentrates on a system of private antitrust enforcement which is predicated on the idea that firms can sue firms.

In the United States, for instance, around 90% of all federal antitrust cases originate from private cases. ) for further discussions. 2 Fundamental Level 39 Table 5. , excessive intervention or prohibition of efficient (and hence welfare-enhancing) practices) − Minus any such costs caused by decisions of judiciary system Economic benefits to the markets in question − Allocative, productive and dynamic efficiency achieved through prevention of cartel and other anticompetitive behaviour that would not be challenged under private litigation − Enhanced product/service quality and innovation achieved through promotion of a competitive market environment Indirect regulatory costs − Regulatory uncertainty among firms due to open-ended nature of competition law prohibitions (may be mitigated through clear guidance by the NMa and case law over time) − Minus any such uncertainty caused under private litigation Indirect regulatory benefits − Active enforcement of prohibition in competition law has deterrent effects on cartels and other anticompetitive behaviour that would not be challenged under private litigation − Active stance of the NMa contributes to overall government objective of achieving a competitive culture, away from previous ‘cartel paradise’ culture in the Dutch economy Source: Oxera (2004a: 28).

Their study, however, was heavily criticised – partly for its selective choice of empirical studies – by antitrust experts such as Connor33 (2004), Kwoka (2003) and Werden (2003). Bittlingmayer (2001) investigates the detrimental effects of antitrust enforcement on investment behaviour and industry structure. He uses antitrust case filings as a measure of regulatory uncertainty aiming at explaining some of the variation in industry investment by appealing to political or regulatory uncertainty.

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