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

Author(s): Ana-Maria Iulia Şanta
Subject(s): Law on Economics, Commercial Law
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: cooperation; competition law; Whistleblower; Prisoner’s Dilemma; Game Theory;
Summary/Abstract: Cooperation-based approaches have shaped the trends in European Union Competition Law and in United States Antitrust Law. The present article assesses the latest developments in this area, emphasizing the positive effects of cooperation in competition law issues and proposing solutions in terms of dealing with international competition law cases. Cartels are analyzed using the model of the Prisoner’s Dilemma and the modern Game Theory. The Whistleblower, which gained increasing importance both in European Union Competition Law and in United States Antitrust Law, is assessed taking into consideration these models. A comparative view of European Union 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 international perspective. Relevant case law illustrates the presented approaches, trying tofind an answer to the research question to what extent can cooperation be seen as a possible solution for competition law issues and to what extent can settlements be acceptedas a time-saving solution in competition law cases.

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