Analyzing the Determinants of Temporary Antitrust Immunity Seeking Behavior: The Dispensation Requests in the Netherlands

Abstract

This paper examines the determinants of antitrust immunity seeking behavior at industry level for the Netherlands. Our findings suggest that market structure and the level of competition are important determinants of antitrust immunity seeking behavior. There were more dispensation requests in less competitive industries. On the other hand, we could not find systematic evidence for the impact of the degree of interaction and asymmetry on antitrust immunity seeking behavior in the Netherlands, even though we had legitimate reasons to believe that they had. Finally, we could not detect any effect of market demand growth and profitability on exemption application counts.

This paper has also been accepted for publication in the Journal of Competition Law and Economics.

Keywords: Agreements, Antitrust Immunity, Competition Law, Negative Binomial Count Models, the Netherlands

JEL Classification: L40, K21, L41, L49