Paradigm Shift in European Competition Law
Nicole Steinat
Wirtschaft im Wandel,
No. 11,
2007
Abstract
During the last decade, European competition law went through several procedural changes, which were mainly influenced by US-American law. Economic criteria rather than legal parameters are now used to evaluate the conduct of firms. Such a “more economic approach” is apparent both in legislation and jurisdiction.
The article discusses the reforms that resulted from the paradigm shift by focusing on the legislation perspective as well as their impact in terms of cartels. One of the most important instruments in European competition policy is nowadays the Leniency Regulation, which was implemented in 1996. Another tool are the renewed Fining Guidelines, which in general will lead to higher fines.
Although European competition law adopted some instruments from American law, there are still major differences between the two jurisdictions. The possibility to impose jail sentences does not exist on a European level yet. However, a few European countries included criminal sanctions in their national laws.
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Property networks of corporations as cause of abusive behaviour – A stock market analysis based on institutional economics
Makram El-Shagi
Applied Financial Economics Letters,
No. 5,
2005
Abstract
The present study deals with the fact that it seems as if executive boards have developed a self-service-mentality concerning the corporations they are meant to manage. The surprise about this is not the attempt of exploitation (rather the opposite would be surprising from an economic point of view) but the apparent absence of sanctions imposed by the owners. This study shows that this behaviour of corporations’ owners is at least to a main part due to the fact, that the reciprocal property of corporations prevents the exercise of certain property rights by the ‘true’ holders.
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