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The Use of Settlements in Public Antitrust Enforcement: Objectives and Principles


Wouter P. J. Wils


King's College London – The Dickson Poon School of Law; European Commission


World Competition: Law and Economics Review, Vol. 31, No. 3, 2008

Abstract:     
This paper discusses two general questions concerning the use of settlements in public antitrust enforcement, namely under which conditions the use of settlements contributes to optimal antitrust enforcement, and under which conditions self-incrimination and waivers of procedural rights by settlement candidates are compatible with fundamental rights of defence. The discussion of these general questions will be illustrated with the specific example of the two settlement procedures for the enforcement by the European Commission of the antitrust prohibitions contained in Articles 81 and 82 EC, namely the commitment procedure under Article 9 of Regulation 1/2003, and the new settlement procedure in cartel cases.

Number of Pages in PDF File: 21

Keywords: antitrust, enforcement, plea bargaining, settlement, deterrence, rights of the defence

JEL Classification: K14, K21, K42, L40

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Date posted: May 21, 2008 ; Last revised: November 27, 2013

Suggested Citation

Wils, Wouter P. J., The Use of Settlements in Public Antitrust Enforcement: Objectives and Principles. World Competition: Law and Economics Review, Vol. 31, No. 3, 2008. Available at SSRN: http://ssrn.com/abstract=1135627

Contact Information

Wouter P. J. Wils (Contact Author)
King's College London – The Dickson Poon School of Law
Somerset House East Wing
Strand
London, WC2R 2LS
United Kingdom

European Commission ( email )
Brussels, B-1049
Belgium
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