Abstract

http://ssrn.com/abstract=2079336
 
 

Citations (1)



 


 



Cartels, Corporate Compliance and What Practitioners Really Think About Enforcement


D. Daniel Sokol


University of Florida - Levin College of Law; George Washington University Law School Competition Law Center

June 6, 2012

Antitrust Law Journal, Vol. 78, 2012

Abstract:     
This article shows the limitations to the optimal deterrence-inspired cartel enforcement policy currently used by the Department of Justice Antitrust Division. This article employs both quantitative and qualitative survey evidence of cartel practitioners to shed light upon the realities of US cartel enforcement policy. The empirical evidence provided by the practitioner surveys challenges the traditional assumptions behind the success of the DOJ’s cartel program. Perhaps the most interesting finding is that firms regularly game the leniency program to punish their competitors. For various reasons, firms and the DOJ have strong incentives to settle rather than to litigate cases in which the legality of cartel conduct may be in doubt. The surveys also expose limitations to the optimal deterrence framework for firms and individuals regarding incentives and behavior. These findings suggest the need for an enforcement focus on sub-units within the firm as well as various processes to change behavior that would improve enforcement and deterrence. Finally, the surveys suggest certain structural limitations in organizational behavior within firms that have prevented antitrust compliance programs from becoming embedded in a way that would reduce cartel activity. Additionally, this article provides an analysis of media coverage of cartel enforcement from 1990-2009. The analysis suggests that successful enforcement has not created sufficient awareness of cartel behavior among the public. Relative to other types of financial crimes, such as accounting fraud, the public seems unaware or uninterested in cartel activity. The conclusion summarizes the article’s findings and outlines potential future steps in cartel research.

Number of Pages in PDF File: 40

Keywords: cartels, leniency, practitioner surveys, optimal deterrence, competition law, antitrust, price fixing, corporate crime, organizational theory, compliance, corporate culture

JEL Classification: K21, L41, M14

Accepted Paper Series





Download This Paper

Date posted: June 7, 2012  

Suggested Citation

Sokol, D. Daniel, Cartels, Corporate Compliance and What Practitioners Really Think About Enforcement (June 6, 2012). Antitrust Law Journal, Vol. 78, 2012. Available at SSRN: http://ssrn.com/abstract=2079336

Contact Information

D. Daniel Sokol (Contact Author)
University of Florida - Levin College of Law ( email )
Spessard L. Holland Law Center
P.O. Box 117625
Gainesville, FL 32611-7625
United States
(352) 273-0968 (Phone)
(352) 392-3005 (Fax)
HOME PAGE: http://www.law.ufl.edu/faculty/d-daniel-sokol
George Washington University Law School Competition Law Center ( email )
200 H Street, NW
Washington, DC 20052
United States
Feedback to SSRN


Paper statistics
Abstract Views: 3,408
Downloads: 717
Download Rank: 19,060
Citations:  1
Paper comments
No comments have been made on this paper

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo7 in 0.250 seconds