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The fight against cartels: a transatlantic perspective

Author

Listed:
  • Emilie Dargaud

    (GATE Lyon Saint-Étienne - Groupe d'Analyse et de Théorie Economique Lyon - Saint-Etienne - ENS de Lyon - École normale supérieure de Lyon - UL2 - Université Lumière - Lyon 2 - UCBL - Université Claude Bernard Lyon 1 - Université de Lyon - UJM - Université Jean Monnet - Saint-Étienne - CNRS - Centre National de la Recherche Scientifique)

  • Andrea Mantovani

    (Dipartimento scienze economiche - UNIBO - Alma Mater Studiorum Università di Bologna = University of Bologna)

  • Carlo Reggiani

    (School of Social Sciences - University of Manchester [Manchester])

Abstract
The fight against cartels is a priority for antitrust authorities on both sides of the Atlantic. What differs between the EU and the US is not the basic toolkit for achieving deterrence, but to whom it is targeted. In the EU, pecuniary sanctions against the firm are the only instruments available to the Commission, while in the US criminal sanctions are also widely employed. The aim of this paper is to compare two different types of fines levied on managerial firms when they collude. We consider a profit based fine as opposed to a delegation based fine, with the latter targeting the manager in a more direct way. Under the assumption of revenue equivalence, we find that the delegation based fine, although distortive, is more effective in deterring cartels than the profit based one. When evaluating social welfare, a trade-off between deterrence and output distortion can arise. However, if the antitrust authority focuses on consumer surplus, then the delegation based fine is to be preferred.
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Suggested Citation

  • Emilie Dargaud & Andrea Mantovani & Carlo Reggiani, 2013. "The fight against cartels: a transatlantic perspective," Post-Print halshs-00944334, HAL.
    • Handle: RePEc:hal:journl:halshs-00944334
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    References listed on IDEAS

    as
    1. Zhijun Chen & Patrick Rey, 2013. "On the Design of Leniency Programs," Journal of Law and Economics, University of Chicago Press, vol. 56(4), pages 917-957.
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    19. Marie-Laure Allain & Marcel Boyer & Jean-Pierre Ponssard, 2011. "The determination of optimal fines in cartel cases: Theory and practice," Post-Print hal-00643945, HAL.
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    Cited by:

    1. Fonseca, Miguel A. & Gonçalves, Ricardo & Pinho, Joana & Tabacco, Giovanni A., 2022. "How do antitrust regimes impact on cartel formation and managers’ labor market? An experiment," Journal of Economic Behavior & Organization, Elsevier, vol. 204(C), pages 643-662.

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    More about this item

    Keywords

    cartel policy; managerial firms; collusion;
    All these keywords.

    JEL classification:

    • K21 - Law and Economics - - Regulation and Business Law - - - Antitrust Law
    • L44 - Industrial Organization - - Antitrust Issues and Policies - - - Antitrust Policy and Public Enterprise, Nonprofit Institutions, and Professional Organizations
    • K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law
    • L21 - Industrial Organization - - Firm Objectives, Organization, and Behavior - - - Business Objectives of the Firm

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