How to Fight Hard Core Cartel? Comments on Collusion in Industrial Economics

概要

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Industrial economics has successfully clarified the mechanism of collusive conduct and its facilitating factors. But policy implications for remedial actions are less straightforward. This paper provides some supplementary comments from the viewpoint of enforcement issues against price-fixing agreements. There are some disagreements among practitioners concerning the probative value of circumstantial (or economic) evidence. Information exchange may be a possible clue to elucidate the evidentiary standard. On the other hand, there seems to be a unanimous agreement, if appropriately designed, on the desirability of leniency programs. Necessity of leniency programs must be a reflection of stricter standard of proof in court decisions, resource constraints of antitrust enforcer, or increasingly defensive acts of conspirators.
Springer Netherlandsの論文
2005-12-00