PREVENTION AND DETERRENCE OF COLLUSIVE BEHAVIOR: THE ROLE OF LENIENCY PROGRAMS
13 Colum. J. Eur. L. 47 (2006) Patricia Carmona Botana. European and Competition Law Department in Cuatrecasas, Brussels. Secret collusive practices often prejudice markets. This is due, in particular, to a small quantity supplied, and a high price imposed, on products through colluding undertakings, with the ultimate harm to consumers. To eliminate such anticompetitive behavior, antitrust officials create various enforcement policies. This Article describes the features that an enforcement program should include by analyzing enforcement mechanisms, sanctions, social and administrative constraints (specifically budget constraints), the antitrust authority’s standard of review, and the timing element of anticompetitive practice disclosure. More precisely, […]