TRIGGERING INSPECTIONS EX OFFICIO: MOVING BEYOND A PASSIVE EU CARTEL POLICY

Hans Friederiszick and Frank Maier-Rigaud

Journal of Competition Law and Economics, 2008, vol. 4, issue 1, 89-113

Abstract: The implementation of leniency programs is considered a success both at a EU Community level and in individual member states. The paper discusses the value of ex officio investigations for cartel detection in light of leniency and complaint-based cases. Are ex officio investigations still needed? Should a competition authority concentrate its scarce resources exclusively on the prosecution of leniency or complaint-based cases or follow a proactive market monitoring policy? It is argued that investigations triggered ex officio are an important complementary enforcement tool to the other passive instruments available to a competition authority. A bottom-up methodology for triggering inspections based on economic criteria is presented allowing for a more proactive cartel policy.

Date: 2008
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Persistent link: https://EconPapers.repec.org/RePEc:oup:jcomle:v:4:y:2008:i:1:p:89-113.

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Journal of Competition Law and Economics is currently edited by Nicholas Economides, Amelia Fletcher, Michal Gal, Damien Geradin, Ioannis Lianos and Tommaso Valletti

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