University of Groningen
Effective public enforcement of cartels
Outhuijse, Annalies
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Publication date: 2019
Link to publication in University of Groningen/UMCG research database
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Outhuijse, A. (2019). Effective public enforcement of cartels: explaining the high percentages of litigation and successful litigation in the Netherlands. University of Groningen.
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1. Litigation behaviour in cartel fine cases in the Netherlands is mainly driven by a cost-benefit assessment and therefore reflects the calculating-actor perspective.
2. Dutch cartel disputes are unsuited to being solved in the objection procedure because of the nature of the dispute, the motive for the parties to follow the procedure, the organisation of the procedure and the many and varying incentives to challenge the fine in court.
3. User dissatisfaction is insufficient ground to abolish the objection procedure for cartel fine cases, as the user perceptions about the functioning of the procedure are not fully confirmed by the empirical reality; the objection procedure can have benefits other than dispute-resolution and serves general interests.
4. As a multitude and variety of factors influence the high rate of successful litigation, there is no silver bullet available to effectively address this phenomenon.
5. An analysis of the rates of litigation and successful litigation is indispensable for veraciously assessing the effectiveness of a competition authority. 6. The European Commission should take the initiative to start a European-wide
research project regarding the percentages of (successful) litigation in cartel fine cases and the factors influencing these percentages to overcome limitations of information and languages.
7. Like a kangaroo, you can be seen as a successful PhD when (1) large jumps are made, (2) brief moments of boxing take place and (3) you feel confident enough to show your ideas to the world after keeping them in your pouch for weeks and protecting them like your little joey.
8. Although the University of Franeker was disbanded by Napoléon Bonaparte in 1811, the Academy of Franeker will be a successful platform for education and research for at least the coming 200 years.
9. Het adagium van Outhuijse: ‘Je hoeft niet groot te zijn, om een joekel te zijn’.
