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The thesis examines possible access routes to documents of the European Commission and the Swiss Competition Commission. At the heart of the thesis lies the question of whether the design and handling by the authorities of the access routes is in line with the aim of actions seeking compensation for cartel damages. To this end, the aim of these actions is explored and different access routes are examined. Finally, the access routes are analysed in regard to which extent the aim of these actions is actually met. The results then form subject of a legislative proposal that takes into account the aim of actions for cartel damages as well as the need for an effective public enforcement.
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The thesis examines possible access routes to documents of the European Commission and the Swiss Competition Commission. At the heart of the thesis lies the question of whether the design and handling by the authorities of the access routes is in line with the aim of actions seeking compensation for cartel damages. To this end, the aim of these actions is explored and different access routes are examined. Finally, the access routes are analysed in regard to which extent the aim of these actions is actually met. The results then form subject of a legislative proposal that takes into account the aim of actions for cartel damages as well as the need for an effective public enforcement.
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Mededingingsautoriteiten richten zich de laatste jaren in toenemende mate op het opsporen en bestraffen van overtredingen van het kartelverbod. De norm is vervaagd; gesprekken met concurrenten kwalificeren al snel als kartel. De pakkans is groot, vooral door de rol van 'spijtoptanten' die klikken over overtredingen en op die basis geen of minder boete krijgen. En de straffen zijn zeer hoog. Tegen deze achtergrond bestaat toenemende kritiek op het procedurele en institutionele kader waarin het kartelverbod in Europa wordt gehandhaafd. In zijn oratie gaat Rein Wesseling in op deze ontwikkelingen
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The thesis examines possible access routes to documents of the European Commission and the Swiss Competition Commission. At the heart of the thesis lies the question of whether the design and handling by the authorities of the access routes is in line with the aim of actions seeking compensation for cartel damages. To this end, the aim of these actions is explored and different access routes are examined. Finally, the access routes are analysed in regard to which extent the aim of these actions is actually met. The results then form subject of a legislative proposal that takes into account the aim of actions for cartel damages as well as the need for an effective public enforcement.
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Collusion remains a strong undercurrent of business practice despite anti-cartel enforcement being a top priority of competition authorities. Alongside active prosecution of cartels, the study of cartels is a vibrant area of research for economic and legal scholars. A challenge for both practice and scholarship is that cartels evolve, as colluding firms continuously devise new methods to circumvent competition. Cartels Diagnosed presents twelve gripping cartel case studies of collusion from key business sectors such as the airline industry, the gasoline industry, and big pharma. Written by renowned economists, these concise and accessible case studies deliver novel insights into cartel formation, facilitating practices, cartels' modus operandi, and the efficacy of cartels. Assisting in understanding new cartel mechanisms and their effects, developing new policies to deter and destabilize cartels, and measuring harm, this volume on cartel morphology is an invaluable reference for supporting public and private enforcers in detecting and prosecuting cartels.
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This monograph examines the monopolization of the construction materials market in Cisleithania and interwar Czechoslovakia. The book delves into the historical evolution of cartels, their economic impacts, and the complex interactions between producers, state authorities, and various industrial segments. It aims to understand the dual nature of cartels as both beneficial and harmful economic instruments, exploring their role in economic modernization and market control. The primary focus is on the period from the late 19th century to the late 1930s, providing a detailed analysis of market structures, competition, and regulatory measures.
Cartels. --- Monopolies. --- Cartels --- Monopolies
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Cartels are the anti-thesis to the objectives pursued by competition law regimes world over. The objective of competition law is to protect the process of competition and maximization of consumer welfare by forcing producers to offer consumers a greater choice of high-quality products and services at low prices. Cartels, on the other hand, are cooperative arrangements between competitors to raise prices and reduce choices to the disadvantage of consumers, as well as to curtail the incentive of innovation and quality. In the Indian context, cartels present a graver problem as they not only threaten to end consumers' choices but also over-ride the bargaining power of small and medium enterprises as well as small traders. Cartels in a developing country like India thus exploit the lack of bargaining power of all the groups in a relatively weaker bargaining position.
Cartels --- Antitrust law
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