Douglas Ginsburg, Joshua Wright, Jun 19, 2012
In this article, we first discuss traditional deterrence theory as applied to optimal criminal antitrust penalties. Then we evaluate both the U.S. and EU experience with ever-increasing corporate fines and the available empirical evidence on the deterrent value of cartel sanctions. In the next part we turn to our claim that the conventional wisdom of ever-increasing corporate fines to solve the problem of under-deterrence is misguided. The determination of the optimal sanction for price-fixing should be guided by two principles: (1) the total sanction must be great enough, but no greater than necessary, to take the profit out of price-fixing; and (2) the individuals responsible for the price-fixing should be given a sufficient disincentive to discourage them from engaging in the activity. We propose altering the distribution of criminal sanctions for corporations and the individuals who fix prices on their behalf, and introducing sanctions for negligent officers and directors consistent with our two fundamental principles. Finally, we discuss the experience with debarment as a sanction in other contexts, and how it might operate in the context of U.S. antitrust enforcement.
Featured News
Germany Targets Fuel Price Spikes With New Daily Cap on Increases
Mar 17, 2026 by
CPI
Visa and Mastercard Win Right to Appeal UK Ruling on Interchange Fees
Mar 17, 2026 by
CPI
Spain’s Antitrust and Energy Watchdog to Release Blackout Report Without Blame
Mar 17, 2026 by
CPI
White House, GOP Again Trying to Enact Federal Preemption of State AI Laws
Mar 17, 2026 by
CPI
Klobuchar Unveils Bill to Strengthen Court Oversight of Antitrust Settlements
Mar 17, 2026 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – Behavioral Economics
Feb 22, 2026 by
CPI
Behavioral Antitrust in 2026
Feb 22, 2026 by
Maurice Stucke
Behavioral Economics in Competition Policy: Going Beyond Inertia and Framing Effects
Feb 22, 2026 by
Annemieke Tuinstra & Richard May
Agreeing to Disagree in Antitrust
Feb 22, 2026 by
Jorge Padilla
Recognizing What’s Around the Corner: Merger Control, Capabilities, and the New Nature of Potential Competition
Feb 22, 2026 by
Magdalena Kuyterink & David J. Teece