What is it about?

A new approach combining a game-theoretical model with Monte Carlo simulations

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Why is it important?

Three types of perfect Bayesian Nash eqilibria: perfect compliance, imperfect compliance, zero compliance. Simulations indicate that zero compliance dominates the picture and that the error probabilities are high for type II errors (false negative) and negligible for type type I errors (false positive).

Perspectives

Properly interpreted, this new approach can also be used to estimate the deterrent effect of anti-cartel regimes of other countries, of prohibitions of other anticompetitive practices such as licensing, vertical restraints, the abuse of dominant market positions and - generally - of sanctions against deviant behavior in other areas of the law and society. Expanding the model to include elements such as a decentralized application of the competition rules and leniency programs would be another interesting avenue of further research, as is a more explicit modeling of private enforcement and a comparison of the performance of different law enforcement systems (per se rule vs. rule of reason, notification vs. legal exemption) or legal rules.

Dieter Schmidtchen
Saarland University. Dpt.: Human and Business Sciences

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This page is a summary of: Measuring the Deterrent Effect of European Cartel Law Enforcement, The B E Journal of Economic Analysis & Policy, June 2018, De Gruyter,
DOI: 10.1515/bejeap-2017-0235.
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