European Business Law Review

Volume 22 (2011)

Volume 22 (2011) / Issue 3

Christopher JS Hodges, 'A Market-Based Competition Enforcement Policy' (2011) 22 European Business Law Review, Issue 3, pp. 261–291


This paper notes important features of current competition enforcement policy at EU level: reliance on fines, the theory of deterrence, leniency, the encouragement of compensation, decentralised enforcement, and the debate on criminalisation. It examines the evidence on whether current competition enforcement policy is effective, and on whether deterrence is the correct theoretical goal, and suggests serious concerns on both issues. It proposes that the correct competition enforcement policy for the EU should be a market-based policy, which aims at maintenance of a balanced market and positively affecting the behaviour of actors before and after imbalances occur.

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ISSN: 0959-6941
ID: EULR2011013