Abstract

http://ssrn.com/abstract=1957088
 


 



Recidivism in EU Antitrust Enforcement: A Legal and Economic Analysis


Wouter P. J. Wils


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

October 31, 2011

World Competition: Law and Economics Review, Vol. 35, No. 1, March 2012

Abstract:     
Recidivism has in the last few years attracted much attention and controversy in the context of EU antitrust enforcement. The treatment of recidivism by the European Commission and the EU Courts has often been criticized, and the observed incidence of recidivism has led to some questioning of the overall effectiveness of EU antitrust enforcement. This paper first clarifies the concept of recidivism and then analyses the treatment of recidivism as an aggravating circumstance in setting the amount of fines, the interplay between recidivism and leniency, and the difficulty of drawing conclusions as to the overall effectiveness of EU antitrust enforcement from the observed incidence of recidivism.

Number of Pages in PDF File: 24

Keywords: EU, competition law, antitrust enforcement, fines, recidivism, leniency

JEL Classification: K14, K21, K40, K42, L40

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Date posted: November 9, 2011 ; Last revised: November 27, 2013

Suggested Citation

Wils, Wouter P. J., Recidivism in EU Antitrust Enforcement: A Legal and Economic Analysis (October 31, 2011). World Competition: Law and Economics Review, Vol. 35, No. 1, March 2012. Available at SSRN: http://ssrn.com/abstract=1957088

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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