Skip to main content Accessibility help
×
Hostname: page-component-78c5997874-fbnjt Total loading time: 0 Render date: 2024-11-05T08:46:19.034Z Has data issue: false hasContentIssue false

8 - “Consensus”-Based Sanctions and Commitments

from Part I - General Chapters

Published online by Cambridge University Press:  29 July 2022

Tihamer Tóth
Affiliation:
Pázmány Peter Catholic University (Budapest, Hungary)
Get access

Summary

In the US, consent judgments, decrees, or orders entered into between merging parties and government are a longstanding tradition. There are three key components to such consensus-based remedies. First, the remedies are not truly a consensus. The second notion is one of transparency: the remedies proposed in such settlements are made public. The nature of the theories of harm the remedies seek to mitigate are public as well. The third notion is typically a question of the overall merits of the remedy. Whether or not a merger remedy is in the public interest is a broad question. This chapter details the common provisions of the Department of Justice and Federal Trade Commission’s settlements, alongside the EU Commission’s settlements. It looks for common weaknesses between the methods of settlement deployed, and the harms to competition that might arise from such systems. It concludes that competition policy is increasingly regulatory and non-adjudicatory. To the extent that consent settlements are important and prominent, it would make sense to have stakeholders have some significant say in the settlement. Lack of meaningful judicial review assures that any concerns are ignored. The authors critically note that lack of transparency assures that any concerns not listed in the proposed settlement are not properly addressed.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2022

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×