Cooperation-Based Approaches in Competition Law - the Whistleblower Versus the Prisoner's Dilemma

• Author: Ana-Maria Iulia Santa
• Profession: Faculty of Law, University of Vienna, Austria
• Pages: 126-134

Cooperation-Based Approaches in Competition Law – the Whistle-

blower Versus the Prisoner’s Dilemma

PhD. student Ana-Maria Iulia ŞANTA

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Abstract

Cooperation-based approaches have shaped the trends in European Union

Competition L aw and in United States Antitrust Law. The present article assesses the

latest developments in this area , emphasizing the positive effects of cooperation in com-

petition law issues and proposing solutions in terms of dealing with international compe-

tition law cases. Cartels are analyzed using the model of the Prisoner’s Dilemma and the

modern Game Th eory. The Whistleblower, which gained increasing importance both in

European Union Competition Law and in United States Antitrust Law, is assessed taking

into co nsideration these mo dels. A compara tive view of European Un ion Competition

Law and United States Antitrust Law on the importance of the Whistleblower is presented.

The present article uses an interdisciplinary research method, appropriate to the debated

issue, combing aspects of business law, European Union Law and economics in an inter-

national perspective. Relevant case law illustrates the presented approaches, trying to

find an answer to the research question to what extent can cooperation be seen as a pos-

sible solution for competition law issues and to what extent can settlemen ts be accepted

as a time-saving solution in competition law cases.

Keywords: cooperation, competition law, Whistleblower, Prisoner’s Dilemma,

Game Theory.

JEL Classification: D18, K21, K22, K33, L43, L51, M16

1. Introduction

Competition law is a field of business law which brings together aspects

of European Union Competition Law, business, economics, psychology, sociol-

ogy and even mathematics, when considering models for understanding the be-

havior of market participants. It is a multidisciplinary field showing us that busi-

ness issues are not separated in different subjects, they ae complex and a holistic

view is needed in order to deal with them.

Connectivity is a key factor for decisions in competition law. In order to

achieve an interconnected thinking paradigm, it is essential to reunite several ex-

perts of different fields, bringing their view and expertise on the debated issues.

Cooperation is thus a key element for dealing with competition law cases. The

research objective of the present article is thus to bring a new, interdisciplinary

perspective on cooperation-based approaches in competition law.

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Ana-Maria Iulia Şanta - Faculty of Law, Un iversity of Vienna, Austria, anamaria_iulia_santa@

yahoo.com.