Diminishing Enforcement: Negative Effects for Deterrence of Mistaken Settlements and Misguided Competition Promotion and Advocacy
Posted by D. Daniel Sokol
Francisco Marcos (Instituto de Empresa Business School) addresses Diminishing Enforcement: Negative Effects for Deterrence of Mistaken Settlements and Misguided Competition Promotion and Advocacy.
ABSTRACT: Competition policy is conceived to preserve and promote free market competition. It is fleshed out through a mix of tools that are used to further consumer welfare by preserving and promoting the efficient functioning of markets. Courts, administrative authorities and governments play different roles in the execution of competition policy. However, relatively recent developments have increased the number of tools in the shed of competition law enforcement.
This paper criticizes certain uses, mistaken or misguided, of settlements, advocacy and promotion by competition authorities. These are two very different settings in which the deterrent feature of competition authorities’ enforcement actions may suffer a deathly blow. If wrongly used, both may endanger the deterrent principle upon which competition law is built. The basic point of departure is that the new tools might be diminishing the effectiveness of ‘regular’ competition law enforcement — which shall not be left in the shed to rust.
Featured News
T-Mobile Faces Class-Action Lawsuit Over Sprint Merger After Appeal Denied
May 16, 2024 by
CPI
Google Faces Backlash Over Introduction of AI-Generated Summaries in Searches
May 16, 2024 by
CPI
CMA Launches Phase 2 Probe into AlphaTheta’s Acquisition of Serato
May 16, 2024 by
CPI
NFL Executive Escapes Testifying in High-Stakes Trial Over Televised Games
May 16, 2024 by
CPI
EU Consumers Lodge Complaint Against Chinese Retailer Temu Over Content Rules Breach
May 16, 2024 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – Ecosystems
May 9, 2024 by
CPI
Mapping Antitrust onto Digital Ecosystems
May 9, 2024 by
CPI
Ecosystems and Competition Law: A Law and Political Economy Approach
May 9, 2024 by
CPI
Ecosystem Theories of Harm: What is Beyond the Buzzword?
May 9, 2024 by
CPI
Open Ecosystems: Benefits, Challenges, and Implications for Antitrust
May 9, 2024 by
CPI