Challenges and Pitfalls in Cartel Fining
Canadian Competition Law Review. Vol 31, No 1, September 2018.
33 Pages Posted: 6 Jan 2021
Date Written: 2018
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
JEL Classification: K21, K42, L22, L40
Suggested Citation: Suggested Citation