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  1. <<The>> sociology of cartels
    Author: Haucap, Justus; Heldman, Christina
    Published: August 2022
    Publisher:  Heinrich-Heine-University Düsseldorf, Düsseldorf Institute for Competition Economics (DICE), Düsseldorf, Germany

    Traditional economic theory of collusion assumed that cartels are inherently unstable, and yet some manage to operate for years or even decades. While the literature has presented several determinants of cartel stability, the vast majority focuses on... more

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    Traditional economic theory of collusion assumed that cartels are inherently unstable, and yet some manage to operate for years or even decades. While the literature has presented several determinants of cartel stability, the vast majority focuses on firms as entities, even though cartels are typically formed between individuals who need to develop structures that allow them to establish trust and ensure cooperation. We analyze 15 German cartels, focusing on the individual participants, the communication and internal structures within the cartels as well as their breakup. Our results indicate that cartel members are highly homogeneous and often rely on existing networks within the industry. Most impressively, only two of the 156 individuals involved in these 15 cartels were female, suggesting that gender also plays a role for cartel formation. We further identify various forms of communication and divisions of responsibilities and show that leniency programs are a powerful tool in breaking up cartels. Based on these results we discuss implications for competition policy and further research

     
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    Source: Union catalogues
    Language: English
    Media type: Book
    Format: Print
    ISBN: 9783863043896
    Series: Discussion paper / Düsseldorf Institute for Competition Economics (DICE) ; no 390
    Subjects: Cartels; Collusion; Social Networks; Trust; Antitrust
    Scope: 31 Seiten, Diagramme
  2. Brazilian competition law and access to health in Brazil
    exploitative pricing in the pharmaceutical sector
    Author: Castro, Bruno Braz de
    Published: [2022]
    Publisher:  South Centre, Geneva

    This paper aims to analyze the interfaces between Brazilian Competition Law and the issue of access to medicines, with a special focus on abuse of industrial property rights and related exclusionary and exploitative effects. The paper analyzes the... more

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    This paper aims to analyze the interfaces between Brazilian Competition Law and the issue of access to medicines, with a special focus on abuse of industrial property rights and related exclusionary and exploitative effects. The paper analyzes the case law of Brazilian Administrative Council for Economic Defense (CADE) in the pharmaceutical sector and discusses abusive practices such as illegitimately imposing non-existent or invalid intellectual property rights with anticompetitive purposes. It then addresses abusive strategies in the exercise of industrial property rights which are, in essence, valid: i.e., exclusionary practices, aimed at artificially raising barriers to entry; and exploitative practices, directly translated as the exercise of market power to the detriment of the consumer. The latter ultimately result in exploitative excessive prices; contractual, quality or privacy degradation; and restrictions on supply, such as by hoarding/preventing the exploitation of industrial property rights. The paper concludes that the prohibition of exploitative pricing under the current competition law is legally valid and effective, with certain methodological concerns towards reducing the risk of wrongful convictions (for instance, by applying screening tests to determine the markets that are candidates for intervention). In view of such guidelines, the pharmaceutical industry appears to be an important candidate for antitrust attention, given the magnitude of the harm potentially derived from non-intervention against the practice. Remedies in this area, importantly, should focus on identifying and solving the sector's structural competitive problems. In the case of medicines subject to price regulation by the Drug Market Regulation Chamber (CMED), the technical expertise of the competition authority may be of great value in terms of competition advocacy, a fact that is demonstrated in light of recent discussions on extraordinary price adjustments because of competitive problems in certain markets.

     
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    Source: Union catalogues
    Language: English
    Media type: Book
    Format: Online
    Series: Research paper / South Centre ; 143 (11 January 2022)
    Other subjects: Access to Healthcare; Access to Medicines; Antitrust; Brazil; Competition; Competition Law; Competition Policy; Competition Regulation; COVID-19; Health; Industrial Property; Industrial Property Rights; Intellectual Property; Intellectual Property Rights (IPRs); Pandemic; Pharmaceuticals; Graue Literatur
    Scope: 1 Online-Ressource (ca. 58 Seiten)
  3. Direito brasileiro da concorrência e acesso à saúde no Brasil
    preços exploratórios no setor de medicamentos
    Author: Castro, Bruno Braz de
    Published: [2022]
    Publisher:  South Centre, Genebra, Suíça

    This paper aims to analyze the interfaces between Brazilian Competition Law and the issue of access to medicines, with special focus on abuses of industrial property rights in their exclusionary and exploitative effects. The paper analyzes the case... more

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    This paper aims to analyze the interfaces between Brazilian Competition Law and the issue of access to medicines, with special focus on abuses of industrial property rights in their exclusionary and exploitative effects. The paper analyzes the case law of the Brazilian Administrative Council for Economic Defense (CADE) in the medicines sector and discusses the abuses aiming at the illegitimate imposition of non-existent or invalid intellectual property rights with anticompetitive purposes. It then addresses the abuses in the exercise of industrial property rights that are, in themselves, valid: exclusionary practices aimed at artificially raising barriers to entry, and exploitative practices, directly translated into the exercise of market power to the detriment of the consumer. The latter are turned into exploitative excessive prices, contractual degradations, quality or privacy degradations, as well as restrictions on supply such as hoarding/impediment to the exploitation of industrial property rights. The paper concludes that the prohibition of exploitative pricing under the current competition law is legally valid and effective, with certain methodological concerns in order to minimize the risk of wrongful convictions (such as the construction of "screening" tests of markets that are candidates for intervention). In view of such guidelines, the pharmaceutical industry appears to be an important candidate for antitrust attention, given the magnitude of the damages potentially derived from the non-intervention on the practice. Remedies in this area, importantly, should focus on identifying and solving the sector’s structural competitive problems. In the case of drugs subject to price regulation by the Drugs Market Regulation Chamber (CMED), the technical expertise of the competition authority may be of great value in competition advocacy, which is demonstrated in light of the recent discussions about extraordinary price adjustments due to competitive problems in a given market.

     
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    Source: Union catalogues
    Language: Portuguese
    Media type: Book
    Format: Online
    Series: Research paper / South Centre ; 143 (11 de janeiro de 2022)
    Other subjects: Access to Healthcare; Access to Medicines; Antitrust; Brazil; Competition; Competition Law; Competition Policy; Competition Regulation; COVID-19; Health; Industrial Property; Industrial Property Rights; Intellectual Property; Intellectual Property Rights (IPRs); Pandemic; Pharmaceuticals; Graue Literatur
    Scope: 1 Online-Ressource (ca. 58 Seiten)
  4. The sale of data
    learning synergies before M&As
    Author: Legros, Patrick; Dubus, Antoine
    Published: 23 June 2022
    Publisher:  Centre for Economic Policy Research, London

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    Media type: Book
    Format: Online
    Series: Array ; DP17404
    Subjects: synergies; mergers; sale of data; incomplete information; Antitrust; privacy
    Scope: 1 Online-Ressource (circa 49 Seiten)
  5. Brazilian competition law and access to health in Brazil
    exploitative pricing in the pharmaceutical sector
    Author: Castro, Bruno Braz de
    Published: [2022]
    Publisher:  South Centre, Geneva

    This paper aims to analyze the interfaces between Brazilian Competition Law and the issue of access to medicines, with a special focus on abuse of industrial property rights and related exclusionary and exploitative effects. The paper analyzes the... more

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    This paper aims to analyze the interfaces between Brazilian Competition Law and the issue of access to medicines, with a special focus on abuse of industrial property rights and related exclusionary and exploitative effects. The paper analyzes the case law of Brazilian Administrative Council for Economic Defense (CADE) in the pharmaceutical sector and discusses abusive practices such as illegitimately imposing non-existent or invalid intellectual property rights with anticompetitive purposes. It then addresses abusive strategies in the exercise of industrial property rights which are, in essence, valid: i.e., exclusionary practices, aimed at artificially raising barriers to entry; and exploitative practices, directly translated as the exercise of market power to the detriment of the consumer. The latter ultimately result in exploitative excessive prices; contractual, quality or privacy degradation; and restrictions on supply, such as by hoarding/preventing the exploitation of industrial property rights. The paper concludes that the prohibition of exploitative pricing under the current competition law is legally valid and effective, with certain methodological concerns towards reducing the risk of wrongful convictions (for instance, by applying screening tests to determine the markets that are candidates for intervention). In view of such guidelines, the pharmaceutical industry appears to be an important candidate for antitrust attention, given the magnitude of the harm potentially derived from non-intervention against the practice. Remedies in this area, importantly, should focus on identifying and solving the sector's structural competitive problems. In the case of medicines subject to price regulation by the Drug Market Regulation Chamber (CMED), the technical expertise of the competition authority may be of great value in terms of competition advocacy, a fact that is demonstrated in light of recent discussions on extraordinary price adjustments because of competitive problems in certain markets.

     
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    Source: Union catalogues
    Language: English
    Media type: Book
    Format: Online
    Other identifier:
    hdl: 10419/270388
    Series: Research paper / South Centre ; 143 (11 January 2022)
    Subjects: Access to Healthcare; Access to Medicines; Antitrust; Brazil; Competition; Competition Law; Competition Policy; Competition Regulation; COVID-19; Health; Industrial Property; Industrial Property Rights; Intellectual Property; Intellectual Property Rights (IPRs); Pandemic; Pharmaceuticals
    Scope: 1 Online-Ressource (circa 58 Seiten)
  6. Simplifying the measure of concentration from common ownership
    a note
    Author: Estache, Antonio; Katté, Maxime; Kieffer, Christophe
    Published: June 2022
    Publisher:  ECARES, Brussels, Belgium

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    Media type: Book
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    Other identifier:
    hdl: 2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/344277
    Series: ECARES working paper ; 2022, 19
    Subjects: Antitrust; Common Ownership; Institutional Investors; Market Power; Modified Herfindahl-Hirschman Index
    Scope: 1 Online-Ressource (circa 15 Seiten)
  7. The sociology of cartels
    Author: Haucap, Justus; Heldman, Christina
    Published: August 2022
    Publisher:  Heinrich-Heine-University Düsseldorf, Düsseldorf Institute for Competition Economics (DICE), Düsseldorf, Germany

    Traditional economic theory of collusion assumed that cartels are inherently unstable, and yet some manage to operate for years or even decades. While the literature has presented several determinants of cartel stability, the vast majority focuses on... more

    Access:
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    DS 256
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    Traditional economic theory of collusion assumed that cartels are inherently unstable, and yet some manage to operate for years or even decades. While the literature has presented several determinants of cartel stability, the vast majority focuses on firms as entities, even though cartels are typically formed between individuals who need to develop structures that allow them to establish trust and ensure cooperation. We analyze 15 German cartels, focusing on the individual participants, the communication and internal structures within the cartels as well as their breakup. Our results indicate that cartel members are highly homogeneous and often rely on existing networks within the industry. Most impressively, only two of the 156 individuals involved in these 15 cartels were female, suggesting that gender also plays a role for cartel formation. We further identify various forms of communication and divisions of responsibilities and show that leniency programs are a powerful tool in breaking up cartels. Based on these results we discuss implications for competition policy and further research.

     
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    Source: Union catalogues
    Language: English
    Media type: Ebook
    Format: Online
    ISBN: 9783863043896
    Other identifier:
    hdl: 10419/263134
    Series: Discussion paper / Düsseldorf Institute for Competition Economics (DICE) ; no 390
    Subjects: Cartels; Collusion; Social Networks; Trust; Antitrust
    Scope: 1 Online-Ressource (circa 38 Seiten), Illustrationen
  8. The breakup of the bell system and its impact on US innovation
    Author: Watzinger, Martin; Schnitzer, Monika
    Published: 02 November 2022
    Publisher:  Centre for Economic Policy Research, London

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    Universitätsbibliothek Mannheim
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    Language: English
    Media type: Book
    Format: Online
    Series: Array ; DP17635
    Subjects: Antitrust; Innovation; Diversity; Exclusionary practices
    Scope: 1 Online-Ressource (circa 77 Seiten)
  9. Direito brasileiro da concorrência e acesso à saúde no Brasil
    preços exploratórios no setor de medicamentos
    Author: Castro, Bruno Braz de
    Published: [2022]
    Publisher:  South Centre, Genebra, Suíça

    This paper aims to analyze the interfaces between Brazilian Competition Law and the issue of access to medicines, with special focus on abuses of industrial property rights in their exclusionary and exploitative effects. The paper analyzes the case... more

    Access:
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    Location:
    Universitätsbibliothek Braunschweig
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    Location:
    ZBW - Leibniz-Informationszentrum Wirtschaft, Standort Kiel
    Signature:
    DS 751
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    This paper aims to analyze the interfaces between Brazilian Competition Law and the issue of access to medicines, with special focus on abuses of industrial property rights in their exclusionary and exploitative effects. The paper analyzes the case law of the Brazilian Administrative Council for Economic Defense (CADE) in the medicines sector and discusses the abuses aiming at the illegitimate imposition of non-existent or invalid intellectual property rights with anticompetitive purposes. It then addresses the abuses in the exercise of industrial property rights that are, in themselves, valid: exclusionary practices aimed at artificially raising barriers to entry, and exploitative practices, directly translated into the exercise of market power to the detriment of the consumer. The latter are turned into exploitative excessive prices, contractual degradations, quality or privacy degradations, as well as restrictions on supply such as hoarding/impediment to the exploitation of industrial property rights. The paper concludes that the prohibition of exploitative pricing under the current competition law is legally valid and effective, with certain methodological concerns in order to minimize the risk of wrongful convictions (such as the construction of “screening” tests of markets that are candidates for intervention). In view of such guidelines, the pharmaceutical industry appears to be an important candidate for antitrust attention, given the magnitude of the damages potentially derived from the non-intervention on the practice. Remedies in this area, importantly, should focus on identifying and solving the sector’s structural competitive problems. In the case of drugs subject to price regulation by the Drugs Market Regulation Chamber (CMED), the technical expertise of the competition authority may be of great value in competition advocacy, which is demonstrated in light of the recent discussions about extraordinary price adjustments due to competitive problems in a given market.

     
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    Source: Union catalogues
    Language: Portuguese
    Media type: Book
    Format: Online
    Other identifier:
    hdl: 10419/262116
    Series: Research paper / South Centre ; 143 (11 de janeiro de 2022)
    Subjects: Access to Healthcare; Access to Medicines; Antitrust; Brazil; Competition; Competition Law; Competition Policy; Competition Regulation; COVID-19; Health; Industrial Property; Industrial Property Rights; Intellectual Property; Intellectual Property Rights (IPRs); Pandemic; Pharmaceuticals
    Scope: 1 Online-Ressource (circa 58 Seiten)
  10. Affectation with a public interest between antitrust laws and regulation: lessons from the U.S. experience of the first decades of the 20th century for online ecosystems
    Author: Kirat, Thierry; Marty, Frédéric
    Published: [2022]
    Publisher:  OFCE, Paris, France

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    Media type: Book
    Format: Online
    Series: Sciences Po OFCE working paper ; no 2022, 01
    Subjects: Antitrust; Digital Platforms; US Supreme Court Case Law; Regulation
    Scope: 1 Online-Ressource (circa 39 Seiten)
  11. Gender and collusion
    Author: Haucap, Justus; Heldman, Christina; Rau, Holger A.
    Published: March 2022
    Publisher:  Heinrich-Heine-University Düsseldorf, Düsseldorf Institute for Competition Economics (DICE), Düsseldorf, Germany

    Many cartels are formed by individual managers of different firms, but not by firms as collectives. However, most of the literature in industrial economics neglects individuals' incentives to form cartels. Although oligopoly experiments reveal... more

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    Many cartels are formed by individual managers of different firms, but not by firms as collectives. However, most of the literature in industrial economics neglects individuals' incentives to form cartels. Although oligopoly experiments reveal important insights on individuals acting as firms, they largely ignore individual heterogeneity, such as gender differences. We experimentally analyze gender differences in prisoner's dilemmas, where collusive behavior harms a passive third party. In a control treatment, no externality exists. To study the influence of social distance, we compare subjects' collusive behavior in a within-subjects setting. In the first game, subjects have no information on other players, whereas they are informed about personal characteristics in the second game. Results show that guilt-averse women are significantly less inclined to collude than men when collusion harms a third party. No gender difference can be found in the absence of a negative externality. Interestingly, we find that women are not sensitive to the decision context, i.e., even when social distance is small they hardly behave collusively when collusion harms a third party.

     
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    Source: Union catalogues
    Language: English
    Media type: Ebook
    Format: Online
    ISBN: 9783863043797
    Other identifier:
    hdl: 10419/250877
    Series: Discussion paper / Düsseldorf Institute for Competition Economics (DICE) ; no 380
    Subjects: Collusion; Cartels; Competition Policy; Antitrust; Gender Differences
    Scope: 1 Online-Ressource (circa 44 Seiten), Illustrationen
  12. Prospective welfare analysis
    extending willingness-to-pay assessment to embrace sustainability
    Author: Inderst, Roman; Thomas, Stefan
    Published: [2022]
    Publisher:  DFG Center for Advanced Studies on the Foundations of Law and Finance, House of Finance, Goethe University, Frankfurt am Main, Germany

    In this paper we outline how a future change in consumers' willingness-to-pay can be accounted for in a consumer welfare effects analysis in antitrust. Key to our solution is the prediction of preferences of new consumers and changing preferences of... more

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    In this paper we outline how a future change in consumers' willingness-to-pay can be accounted for in a consumer welfare effects analysis in antitrust. Key to our solution is the prediction of preferences of new consumers and changing preferences of existing consumers in the future. The dimension of time is inextricably linked with that of sustainability. Taking into account the welfare of future cohorts of consumers, concerns for sustainability can therefore be integrated into the consumer welfare paradigm to a greater extent. As we argue in this paper, it is expedient to consider changes in consumers' willingness-to-pay, in particular if society undergoes profound changes in such preferences, e.g., caused by an increase in generally available information on environmental effects of consumption, and a rising societal awareness about how consumption can have irreversible impacts on the environment. We offer suggestions on how to conceptionalize and operationalize the projection of such consumers' changing preferences in a "prospective welfare analysis". This increases the scope of the consumer welfare paradigm and can help to solve conceptual issues regarding the integration of sustainability into antitrust enforcement while keeping consumer surplus as a quantitative gauge.

     
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    Source: Union catalogues
    Language: English
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    Other identifier:
    hdl: 10419/249310
    Edition: This Version: 09/02/2021 - 1
    Series: LawFin working paper ; no. 29
    Subjects: Antitrust; Consumer Welfare; Sustainability
    Scope: 1 Online-Ressource (circa 28 Seiten), Illustrationen
  13. Measuring consumer sustainability benefits
    Author: Inderst, Roman; Thomas, Stefan
    Published: 15 January 2022
    Publisher:  Centre for Economic Policy Research, London

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    Language: English
    Media type: Book
    Format: Online
    Series: Array ; DP16903
    Subjects: Antitrust; consumer welfare; sustainability
    Scope: 1 Online-Ressource (circa 12 Seiten)
  14. Prospective welfare analysis
    extending willingness-to-pay assessment to embrace sustainability
    Author: Inderst, Roman; Thomas, Stefan
    Published: 17 January 2022
    Publisher:  Centre for Economic Policy Research, London

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    Series: Array ; DP16916
    Subjects: Antitrust; consumer welfare; sustainability
    Scope: 1 Online-Ressource (circa 36 Seiten)
  15. Reflective willingness to pay
    preferences for sustainable consumption in a consumer welfare analysis
    Author: Inderst, Roman; Thomas, Stefan
    Published: 17 January 2022
    Publisher:  Centre for Economic Policy Research, London

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    Source: Union catalogues
    Language: English
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    Series: Array ; DP16917
    Subjects: Konsumentenverhalten; Zahlungsbereitschaftsanalyse; Nachhaltiger Konsum; Soziale Norm; Präferenztheorie; Antitrust; consumer welfare; sustainability
    Scope: 1 Online-Ressource (circa Seiten)
  16. The breakup of the Bell System and its impact on US innovation
    Author: Watzinger, Martin; Schnitzer, Monika
    Published: [2022]
    Publisher:  Collaborative Research Center Transregio 190, [München]

    We analyze the effects of the 1984 breakup of the Bell System on the rate, diversity, and direction of US innovation. In the antitrust case leading to the breakup, AT&T, the holding company of the Bell System, was accused of using exclusionary... more

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    We analyze the effects of the 1984 breakup of the Bell System on the rate, diversity, and direction of US innovation. In the antitrust case leading to the breakup, AT&T, the holding company of the Bell System, was accused of using exclusionary practices against competitors. The breakup was intended to end these practices. After the breakup, the scale and diversity of telecommunications innovation increased. Total patenting by US inventors related to telecommunications increased by 19%, driven by companies unrelated to the Bell System. Patenting by Bell's successor companies decreased, but not the number of top inventions.

     
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    Other identifier:
    hdl: 10419/282033
    Series: Discussion paper / Rationality & Competition, CRC TRR 190 ; no. 341 (October 10, 2022)
    Subjects: Antitrust; Innovation; Diversity; Exclusionary practices
    Scope: 1 Online-Ressource (circa 75 Seiten), Illustrationen