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An insightful and accessible guide to the law and economics of cartels under EU competition law, offering an integrated and conceptual perspective.
The significant evolution of EU competition law in the last 15 years has been fundamentally influenced by economic theory, and economic aspects of cartel prosecution are increasingly relevant in modern competition practice. EU Cartel Law and Economics is the first book-length assessment of cartels from an integrated law and economics perspective. This perspective allows for a more insightful evaluation of the wide variety of practices at the intersection between collusive restrictions of competition and pro-competitive agreements between firms. It sheds light on the underlying mechanics of cartels, including how to detect anti-competitive conspiracies in the absence of hard evidence. It also provides a more conceptual approach to cartel law, outlining ways in which the current legal structure can be applied more effectively to deter anti-competitive conduct without discouraging pro-competitive forms of cooperation between firms. The book is divided into four parts: the first part provides a conceptual overview of the law and economics of cartels; the second part describes the central legal analysis in cartel cases; the third part summarises the regulatory process in cartel investigations; and the fourth part deals with civil damages. EU Cartel Law and Economics is a topical and innovative reference work written by recognised experts in the field.
This is the first comprehensive study of the overall impact of economics on cartel enforcement. The book aims to examine the extent to which EU cartel law is consistent with the economics of collusion and identify areas where greater reliance on economics might be desirable ... The authors also explain the answers to a number of key questions. Why do firms form cartels? Are cartels necessarily a bad thing? What is the social cost of cartels? This book, which is written in a clear, non-technical style, makes the theory, law and practice of cartel enforcement accessible to readers from both economic and legal backgrounds.
Auteur
Cédric Argenton is an associate professor of economics at Tilburg University (The Netherlands) and a former director of the Tilburg Law and Economics Center (TILEC). His research focuses on industrial organization, competition economics, and game theory. Damien Geradin is Professor of Competition Law & Economics at Tilburg University (the Netherlands) and the Founding Partner of Geradin Partners, a Brussels-based boutique law firm specialized in EU competition law and intellectual property law. Andreas Stephan is a Professor of Competition Law. He has a background in both Law and Economics and has widely published articles on all aspects of cartel enforcement.
Contenu
Introduction
1: A Primer on Cartels
2: The Regulatory and Institutional Framework of EU Cartel Law
3: Cartel Detection
4: Cartel Prosecution
5: Civil Damages