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Keywords

settlement, settlement decision problem, costs and benefits of settlement procedure

Abstract

The purpose of this paper is to analyze, from the economic perspective, the companies’ decision to settle in competition cases with special emphasis placed on costs and benefits of challenging a settlement decision in courts. The paper starts with the presentation of the main factors determining the companies’ incentives to settle comparing them also to other competition law instruments (i.a. leniency and commitment decisions). This relationship is illustrated in the following section by way of a simple model of the companies’ settlement decision problem. The interplay of various factors means that the defendant’s net incentive to settle will depend on the strength of various effects among which timing and cost of capital appear to be decisive.

First Page

68

Last Page

78

Page Count

10

Publisher

University of Warsaw

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