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Challenges and Pitfalls in Cartel Fining

Marcel Boyer (), Anne-Cathérine Faye, Eric Gravel and Rachidi Kotchoni

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Abstract: We analyze challenges and pitfalls faced by antitrust authorities in the fining of cartels. We review economics and legal approaches to cartel fining and the sometimes-conflicting objectives of restitution, deterrence, and proportionality. We also discuss various theoretical and empirical hurdles that antitrust authorities and courts must overcome to determine appropriate cartel fines, namely regarding cartel impact duration, but-for prices, and overcharges.

Keywords: Cartels; Fines; Competition Policy; Antitrust (search for similar items in EconPapers)
Date: 2018
Note: View the original document on HAL open archive server: https://hal.archives-ouvertes.fr/hal-01825584
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Published in Canadian Competition Law Review, 2018

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