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Die Suche erzielte 2 Treffer.

Multi-Jurisdictional Leniency Applications and the Deterring Effect on Leniency Journal Artikel

Ruben Korsten

European Competition and Regulatory Law Review, Jahrgang 6 (2022), Ausgabe 3, Seite 195 - 206

Since pioneering work of Choi Gerlach in 2012, not much game theoretical literature has followed to address issues of global cartel formation and international antitrust enforcement. This article addresses this gap, especially with regards to multi-jurisdictional leniency applications. It is found that multi-jurisdictional leniency applications expose international cartel leniency applicants to various risks and have high transaction costs. Therefore, the effectiveness of domestic programmes depends on the possibility of obtaining leniency in other jurisdictions. If an applicant can simultaneously count with leniency in all relevant jurisdictions, the attractiveness of leniency should increase, as the overall benefits for the applicant will be greater. However, if applying for leniency leads to leniency in some jurisdictions but certain penalties in others, this will disincentivise the use of leniency, which would make international cartels more stable. This article thus demonstrates the need for international cooperation in order for leniency policies to be effective. Keywords: antitrust enforcement; cartels; information sharing; international cooperation; leniency


Effective Competition in Digital Platform Markets: Journal Artikel

Legislative and Enforcement Trends in the EU and the US

Joseph Antel, Ciara Barbu-O’Connor, John Carroll, Katie Daw, Robert Klotz

European Competition and Regulatory Law Review, Jahrgang 6 (2022), Ausgabe 1, Seite 35 - 55

Efforts to tackle the increasing market power of data driven platforms are taking a new turn. So far, the European Union has been more aggressive and creative than the United States, notably with severe antitrust enforcement action. However, there is a perceived enforcement gap in platform markets, due to increased concentration, rising profit margins, declining market entry and low investment compared to profits, according to many. With the European Commission proposing the Digital Markets Act and the US ramping up on a number of fronts with an intensified interest in Big Tech and a political climate favourable to an emerging legislative consensus for targeted antitrust law reforms in this field, we are on the verge of new rules to bridge this gap more effectively. This article sheds light on the current developments in the EU and the US, as a basis for the juxtaposition of both approaches and attempt to draw conclusions for future debate. Keywords: digital platforms, antitrust enforcement, upfront regulation, Digital Markets Act, gatekeepers, global convergence and cooperation

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