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Jones, Clifford A. --- "Deterrence and Compensation in New Competition Regimes: The Role of Private Enforcement" [2012] ELECD 831; in Whish, Richard; Townley, Christopher (eds), "New Competition Jurisdictions" (Edward Elgar Publishing, 2012)

Book Title: New Competition Jurisdictions

Editor(s): Whish, Richard; Townley, Christopher

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9780857939517

Section: Chapter 6

Section Title: Deterrence and Compensation in New Competition Regimes: The Role of Private Enforcement

Author(s): Jones, Clifford A.

Number of pages: 16

Extract:

6. Deterrence and compensation in
new competition regimes: the role of
private enforcement
Clifford A. Jones

1. INTRODUCTION

As new competition law regimes surface in new jurisdictions across the
global marketplace, each new regime faces the task of ensuring compliance
by selecting from the range of possible sanctions and enforcement methods
those which the drafters conceive to be most suitable for application in
that jurisdiction. Many such new regimes will, to a great extent, merely
adopt the same general enforcement approaches practised in the system
from which the substantive rules are borrowed. This chapter suggests that
new competition jurisdictions should shape their institutions and enforce-
ment procedures with the goal of ensuring not just replication of the model
but adequate deterrence of infringements and compensation of victims
where anticompetitive conduct has not been successfully deterred. This
requires the transplant of methods from more than one model of legacy
antitrust enforcement, as a survey of deterrence and compensation reveals.
In particular, new competition law regimes should consider facilitating
the role of private enforcement actions in order to enhance deterrence
and compensation, and promote the rapid development of a competition
culture where it may not yet exist.


2. THE STATE OF DETERRENCE IN THE GLOBAL
ANTITRUST MARKET
While the origin of `modern' antitrust laws is usually traced to the United
States' Sherman Antitrust Act of 1890,1 competition law has for some

1 See C.A. Jones, `Private Competition Law Enforcement in Europe: A Growth

Market', in C. Baudenbacher (ed.), Neueste Entwicklungen ...