Staff Publications

Staff Publications

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    'Staff publications' is the digital repository of Wageningen University & Research

    'Staff publications' contains references to publications authored by Wageningen University staff from 1976 onward.

    Publications authored by the staff of the Research Institutes are available from 1995 onwards.

    Full text documents are added when available. The database is updated daily and currently holds about 240,000 items, of which 72,000 in open access.

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Record number 432388
Title Let's Not Stick Together: Anticipation of Cartel and Merger Control in The Netherlands
Author(s) Baarsma, B.; Kemp, R.G.M.; Noll, R. van der; Seldeslachts, J.
Source De Economist - Quarterly Review of The Royal Netherlands Economic Association 160 (2012)4. - ISSN 0013-063X - p. 357 - 376.
Department(s) Management Studies
Publication type Refereed Article in a scientific journal
Publication year 2012
Keyword(s) antitrust enforcement - competition policy - deterrence
Abstract Does enforcement action by the Netherlands Competition Authority (NMa) in the case of cartels and mergers produce an anticipatory effect? We use surveys among firms and their advisers to test whether merger plans that may fail to gain clearance from the NMa are not notified and whether the possibility of detection helps to reduce the number of cartels. Our results indicate that enforcement action by the NMa has a preventive effect. Surveys among companies show that 5% of the notified mergers were modified before notification to forestall possible objections from the NMa. Moreover, for every 100 notifications of mergers there are 13 proposed mergers that are later on abandoned due to merger control. Companies also take account of the Competition Act when drafting contracts, conducting negotiations and holding meetings. Our survey among lawyers and other advisers shows that for every sanction decision taken by the NMa there are almost 5 cases in which, unbeknown to the NMa, a prohibited act has been terminated or modified in response to advice on competition law.
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