Public and Private Enforcement of Competition Law - A Differentiated Approach

32 Pages Posted: 14 Jun 2013

See all articles by Kai Hüschelrath

Kai Hüschelrath

ZEW – Leibniz Centre for European Economic Research

Sebastian Peyer

UEA Law School & Centre for Competition Policy

Date Written: 2013

Abstract

We investigate the relationship between public and private enforcers introducing a more differentiated approach. In contrast to the existing literature, we take into account that the costs and benefits of detection and prosecution and, thus, the usefulness of each enforcement mode may change with a variation of the type of anticompetitive conduct.

We define a set of parameters that determine the costs and benefits of both types to enforce the antitrust laws and discuss implications for European competition law and policy.

Keywords: competition policy, public enforcement, private enforcement, European Union

JEL Classification: K21, L40

Suggested Citation

Hüschelrath, Kai and Peyer, Sebastian, Public and Private Enforcement of Competition Law - A Differentiated Approach (2013). ZEW - Centre for European Economic Research Discussion Paper No. 29, Available at SSRN: https://ssrn.com/abstract=2278839 or http://dx.doi.org/10.2139/ssrn.2278839

Kai Hüschelrath (Contact Author)

ZEW – Leibniz Centre for European Economic Research ( email )

P.O. Box 10 34 43
L 7,1
D-68034 Mannheim, 68034
Germany

Sebastian Peyer

UEA Law School & Centre for Competition Policy ( email )

UEA
Norwich Research Park
Norwich, Norfolk NR47TJ
United Kingdom

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