Challenges and Pitfalls in Cartel Fining

Authors

  • Marcel Boyer
  • Anne Catherine Faye
  • Eric Gravel
  • Kotchoni Rachidi

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.

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Published

2018-01-01

How to Cite

Boyer, M., Faye, A. C., Gravel, E., & Rachidi, K. (2018). Challenges and Pitfalls in Cartel Fining. Canadian Competition Law Review, 31(1), 50–82. Retrieved from https://cclr.cba.org/index.php/cclr/article/view/728