12 results on '"umbrella pricing"'
Search Results
2. Market Shares as Collusive Marker: Evidence from the European Truck Industry
- Subjects
competition law enforcement ,incomplete cartels ,European truck cartel ,umbrella pricing ,Antitrust Issues and Policies: General ,cartel detection ,l10 - Market Structure ,Market Structure ,l40 - Antitrust Issues and Policies: General ,Firm Strategy ,and Market Performance: General - Abstract
Collusion theory robustly predicts non-cartel rivals to raise their price and increase their output. As the typical cartel cuts back production, its competitors are expected to gain market share during the collusive period and to lose market share inthe period following the cartel's demise. We provide empirical support for this prediction by showing that it applied to the European truck cartel. We also illustrate how our analysis can be used in the prosecution stage. One truck manufacturerdenied cartel participation, whereas the proposed market share test supports the European Commission's finding that this firm was, in fact, a member.
- Published
- 2023
3. The Kone Decision: Economic Logic and Damage Estimation.
- Author
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Blair, Roger D., Durrance, Christine Piette, and Wenche Wang
- Subjects
- *
ECONOMIC decision making , *DAMAGES (Law) , *PRICE fixing , *EUROPEAN Union law - Abstract
Price fixing cartels do not always involve all members of an industry. To the extent that the nonconspiring industry members set their prices under the price umbrella of the cartel, the customers of the nonconspiring firms suffer overcharges just like customers of the conspiring firms. Similarly, in a buyer cartel, sellers to the nonconspiring buyers would suffer underpayments just like sellers to the conspiring buyers. In the European Union, price fixing is prohibited under Article 101 of the Treaty for the Functioning of the European Union (TFEU). A recent Court of Justice (CJEU) ruling has allowed the opportunity for umbrella plaintiffs to have standing and prove damages. In this article, we review the Kone decision and discuss the economics of umbrella pricing and umbrella damages. We analyze the issue of partial conspiracy among sellers and among buyers. Additionally, we discuss the estimation of damages both theoretically and in practice. We also identify some possible complications that may arise in damage estimation. We find that the CJEU's economic reasoning is clearly correct and umbrella plaintiffs should have their chance to prove damages but will face the similar hurdles as nonumbrella plaintiffs. [ABSTRACT FROM AUTHOR]
- Published
- 2016
- Full Text
- View/download PDF
4. "Umbrella Pricing" in Private Enforcement of EU Competition Law and US Antitrust Law: Another Transatlantic Divergence?
- Author
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Svetlicinii, Alexandr and Botta, Marco
- Subjects
ANTITRUST law ,TRADE regulation ,ANTITRUST immunity ,PRICING ,ECONOMIC competition - Abstract
The present work aims at comparing the assessment of umbrella pricing under US antitrust law and EU competition law in the aftermath of the landmark Kone judgment delivered by the European Court of Justice (ECJ). By comparing the reasoning of the ECJ and of the US federal courts on the availability of damages for the private plaintiffs in umbrella pricing cases, the article discusses whether umbrella pricing could represent a new example of transatlantic divergence between EU competition law and US antitrust law. The authors demonstrate that umbrella pricing claims have encountered two types of issues: while in the US the main obstacle for an umbrella pricing claim concerns the legal standing of the plaintiff, in Europe the main issue concerns the existence of a direct causal link between the anti-competitive conduct and the harm suffered by the customers of the non-cartelists. In Kone, the Court ruled that national procedural rules cannot exclude a priori an umbrella pricing claim and introduced a presumption on foreseeability of damages that cartellists would have caused to third parties. However, the Court left to the national courts the task of establishing the nexus of causality between anti-competitive conduct and harm suffered by the purchasers of non-cartellists. In the US, owing to a lack of clear guidance from the US Supreme Court, the federal courts have followed diverging approaches on this issue. In this respect the ECJ's approach in Kone, if followed by the US courts, could represent another instance of the mutual learning process across the Atlantic in the field of competition law. [ABSTRACT FROM AUTHOR]
- Published
- 2016
5. Umbrella pricing and cartel damages under EU competition law.
- Author
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Franck, Jens-Uwe
- Subjects
- *
CARTELS , *EUROPEAN Union law , *ECONOMIC competition laws , *LEGAL judgments , *PRICING - Abstract
This article explores whether cartelists should be liable for losses resulting from umbrella pricing, thereby critically evaluating the ECJ's judgment in Kone. Since the EU legislature did not resolve the question of liability for umbrella pricing, it has to be evaluated in accordance with national law, which must however comply with the principles of equivalence and effectiveness pursuant to Article 4(3) TEU. Therefore and in accordance with the court's judgment in Courage, the decisive criterion should be the effect a cartelist's liability for umbrella pricing would have on effective and efficient enforcement of competition law. An analysis based on the standard model of optimal sanctioning reveals the ambivalent effect of such a liability. Thus, in view of opposing risks of systematic over- and under-deterrence and in accordance with the principle of institutional balance, the court has to leave the EU legislature and the national legislatures, respectively, with the discretion not to provide for compensation in the case of umbrella effects. [ABSTRACT FROM AUTHOR]
- Published
- 2015
- Full Text
- View/download PDF
6. Under Umbrella Pricing sau despre activism judiciar şi ubicuitatea prejudiciilor.
- Author
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TOMA-BIANOV, Anamaria
- Abstract
Copyright of Revista Română de Drept al Afacerilor is the property of Wolters Kluwer Romania and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2014
7. Schadenersatz nach § 37a KartG im Verhältnis zu bereicherungsrechtlichen Rückabwicklungsansprüchen aufgrund Nichtigkeit von Kartellfolgeverträgen.
- Author
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Told, Julia
- Abstract
Copyright of Juristische Blätter is the property of Verlag Oesterreich GmbH and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2014
- Full Text
- View/download PDF
8. PRIVATE ENFORCEMENT OF COMPETITION RULES AND UMBRELLA PRICING IN EU AND USA
- Author
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Maurin, Tanja and Repas, Martina
- Subjects
compensation ,zasebnopravno uveljavljanje pravil konkurenčnega prava ,EU competition law ,public enforcemet of competition rules ,umbrella pricing ,private enforcement of competition rules ,javnopravnopravno uveljavljanje pravil konkurenčnega prava ,teorija zaščitne cene ,odškodnina ,causal link ,vzročna zveza ,konkurenčno pravo EU - Abstract
Magistrska naloga se osredotoča na problem zasebnopravnega uveljavljanja pravil konkurenčnega prava kot pomembno dopolnitev javnopravnemu uveljavljanju, ki poteka preko organov za varstvo konkurence. Glavni namen zasebnopravnega uveljavljanja konkurence je predvsem, da se vsem oškodovanim zaradi kršitve konkurenčnih pravil povrne škoda in da se kršiteljem prepreči nedovoljeno ravnanje. V ZDA je takšen način uveljavljanja pravic zasebnikov že precej razvit, medtem ko se je v EU na podlagi aktivnosti Evropske komisije in sodne prakse Sodišča EU začel razvijati šele v zadnjih nekaj letih. K razvoju zasebnopravnega uveljavljanja pravil konkurenčnega prava je dosti pripomogla Evropska komisija, ki je sprejela kar nekaj aktov s tega področja. Kot prvo lahko omenimo Uredbo 1/2003, s katero je prišlo do reforme konkurenčnega prava, katere najpomembnejši doprinos je decentralizacija pristojnosti za presojo protikonkurenčnih dejanj ter neposredna uporaba takrat veljavnega člena 81(3) PES. Sledili sta Zelena in Bela knjiga o odškodninskih tožbah zaradi kršitev protimonopolnih pravil ES, sprejeti leta 2005 in 2008. Njun namen je bil spodbuditi odškodninske tožbe za škodo, ki je bila povzročena s kršitvijo konkurenčnih pravil. S podobnim ciljem je bila leta 2014 sprejeta tudi Direktiva 2014/10/EU. Magistrska naloga analizira številna vprašanja na področju zasebnopravnega uveljavljanja pravil konkurenčnega prava, poudarek pa je na razvoju teorije zaščitne cene oziroma teorije učinka dežnika v EU, ki se je prvič pojavila v sodni odločbi Sodišča EU leta 2014 v zadevi Kone AG in drugi. V okviru teorije zaščitne cene magistrska naloga izpostavlja naslednja vprašanja: ali je Sodišče EU z odločitvijo v zadevi Kone AG in drugi, kjer je priznalo teorijo zaščitne cene, spodbudilo zasebnopravno uveljavljanje pravil konkurence, ali za odškodninsko odgovornost članov kartela zadošča že posredna vzročna zveza med nedovoljenim delovanjem in nastalo škodo, ali je vključitev teorije zaščitne cene oziroma učinka dežnika v civilno odgovornost udeležencev kartela v skladu s funkcijo odškodnine, ali se teorija zaščitne cene lahko pojavi tako v primeru kršitve člena 101 PDEU kot tudi kršitve člena 102 PDEU in ali bi morala teorijo zaščitne cene upoštevati tudi nacionalna sodišča pri odločanju v nacionalnih zadevah, ki nimajo vpliva na trgovino med državami članicami in druga. Problemi zasebnopravnega uveljavljanja pravil konkurenčnega prava v EU so z namenom primerjave dopolnjeni s sodno prakso sodišč ZDA na področju uveljavljanja odškodnin, ugotovitvami v zvezi z razvojem teorije zaščitne cene v ZDA in perspektivo njenega nadaljnjega razvoja na obeh kontinentih, tako v ZDA kot tudi v EU. The MA thesis focuses on the question of private enforcement of competition law. Private enforcement is an important addition to public enforcement, provided by national competition authorities. The main purpose of private enforcement of competition rules is foremostly to compensate all the parties injured from the violation of competition law and to prevent the violators from acting in an impermissible manner. In the USA, such an enforcement of the rights of individuals is already established well, while in the EU on the basis of the European Commission activities and case law, it has started to develop only in recent years. The European Commission has strongly contributed to the development of private enforcement of the competition law by adopting quite a few acts on the topic. Firstly, we can mention the Regulation 1/2003, with which the competition law reform occurred. Its most important contribution lies in decentralisation of jurisdiction for the assessment of anti-competition conduct, as well as the direct use of then valid article 81(3) of the Treaty establishing the European Coal and Steel Community. This was followed by Green and White Paper on Damages Actions for Breach of the EC Antitrust Rules, adopted in 2005 and 2008. Their purpose was to encourage compensation lawsuits for the damages that occurred with the violation of the competition rules. The Directive 2014/10/EU was adopted in 2014 and it had a similar goal. The MA analyzes numerous questions of private enforcement of competition law and stresses the development of umbrella pricing in the EU, which for the first time appeared in the ECJ decision in case Kone AG and others in 2014. Furthermore it focuses on the next questions: has the ECJ with its decision in case Kone AG and others, giving the recognition to umbrella pricing theory, strengthened private enforcement of competition rules, does the indirect causal link between the impermissible activity and the occurred damage suffices the existence of civil liability of the cartel members, is recognizing the umbrella pricing theory in civil liability of the cartel members consistent with the function of compensation, can umbrella pricing occur in the breach of the article 102 TFEU as well as in the breach of the article 102 TFEU, should national courts use the umbrella pricing theory also in national cases that don’t affect the trade between the member states and other questions. For the purpose of comparison, the open questions of private inforcement of competition law in the EU are supplemented by a case law of USA courts, dealing with compensation, with findings concerning the development of umbrella pricing in the USA and with a perspective on its further development on both continents, in the USA and in the EU.
- Published
- 2016
9. Umbrella pricing and cartel damages under EU competition law
- Abstract
This article explores whether cartelists should be liable for losses resulting from umbrella pricing, thereby critically evaluating the ECJ’s judgment in “Kone”. Since the EU legislature did not resolve the question of liability for umbrella pricing, it has to be evaluated in accordance with national law, which must however comply with the principles of equivalence and effectiveness pursuant to Article 4(3) TEU. Therefore and in accordance with the Court’s judgment in “Courage”, the decisive criterion should be the effect a cartelist’s liability for umbrella pricing would have on effective and efficient enforcement of competition law. An analysis based on the standard model of optimal sanctioning reveals the ambivalent effect of such a liability. Thus, in view of opposing risks of systematic over- and under-deterrence and in accordance with the principle of institutional balance, the Court has to leave the EU legislature and the national legislatures, respectively, with the discretion not to provide for compensation in the case of umbrella effects.
- Published
- 2015
10. Umbrella pricing and cartel damages under EU competition law
- Abstract
This article explores whether cartelists should be liable for losses resulting from umbrella pricing, thereby critically evaluating the ECJ’s judgment in “Kone”. Since the EU legislature did not resolve the question of liability for umbrella pricing, it has to be evaluated in accordance with national law, which must however comply with the principles of equivalence and effectiveness pursuant to Article 4(3) TEU. Therefore and in accordance with the Court’s judgment in “Courage”, the decisive criterion should be the effect a cartelist’s liability for umbrella pricing would have on effective and efficient enforcement of competition law. An analysis based on the standard model of optimal sanctioning reveals the ambivalent effect of such a liability. Thus, in view of opposing risks of systematic over- and under-deterrence and in accordance with the principle of institutional balance, the Court has to leave the EU legislature and the national legislatures, respectively, with the discretion not to provide for compensation in the case of umbrella effects.
- Published
- 2015
11. Umbrella pricing and cartel damages under EU competition law
- Abstract
This article explores whether cartelists should be liable for losses resulting from umbrella pricing, thereby critically evaluating the ECJ’s judgment in “Kone”. Since the EU legislature did not resolve the question of liability for umbrella pricing, it has to be evaluated in accordance with national law, which must however comply with the principles of equivalence and effectiveness pursuant to Article 4(3) TEU. Therefore and in accordance with the Court’s judgment in “Courage”, the decisive criterion should be the effect a cartelist’s liability for umbrella pricing would have on effective and efficient enforcement of competition law. An analysis based on the standard model of optimal sanctioning reveals the ambivalent effect of such a liability. Thus, in view of opposing risks of systematic over- and under-deterrence and in accordance with the principle of institutional balance, the Court has to leave the EU legislature and the national legislatures, respectively, with the discretion not to provide for compensation in the case of umbrella effects.
- Published
- 2015
12. The impact of cartelization on pricing dynamics: Evidence from the German cement industry
- Author
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Hüschelrath, Kai and Veith, Tobias
- Subjects
cement ,Rechtsdurchsetzung ,Konzentrationspolitik ,L41 ,330 Wirtschaft ,K21 ,screening ,net prices ,antitrust policy ,Lieferanten-Kunden-Beziehung ,Beschaffung ,Kartell ,Kartellrecht ,Preis ,damages ,Zementindustrie ,umbrella pricing ,ddc:330 ,L61 ,Deutschland ,cartels - Abstract
Although the pricing dynamics of hardcore cartels have been studied intensively from a theoretical perspective, empirical evidence is still rare. We combine publicly available data with a unique private data set of about 340,000 market transactions from 36 smaller and larger customers of German cement producers to study the pricing dynamics during and after the breakdown of a German cement cartel. We find that, first, after the breakdown of the cartel, cartel members reduce net prices to a far larger extent than gross prices and that, second, noncartel members slip under the price umbrella of the cartel to increase profits. Our results have important implications for both the design of screening tools to detect cartels as part of public enforcement and the calculation of damages as part of private enforcement of competition law.
- Published
- 2011
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