Criminalising Cartels

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Criminalising Cartels

Caron Beaton-Wells,Ariel Ezrachi
Criminalising Cartels Book PDF

Author : Caron Beaton-Wells,Ariel Ezrachi
Publisher : Bloomsbury Publishing
Page : 750 pages
File Size : 51,7 Mb
Release : 2011-02-10
Category : Law
ISBN : 9781847318138

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Criminalising Cartels by Caron Beaton-Wells,Ariel Ezrachi Pdf

This book is inspired by the international movement towards the criminalisation of cartel conduct over the last decade. Led by US enforcers, criminalisation has been supported by a growing number of regulators and governments. It derives its support from the simple yet forceful proposition that criminal sanctions, particularly jail time, are the most effective deterrent to such activity. However, criminalisation is much more complex than that basic proposition suggests. There is complexity both in terms of the various forces that are driving and shaping the movement (economic, political and social) and in the effects on the various actors involved in it (government, enforcement agencies, the business community, judiciary, legal profession and general public). Featuring contributions from authors who have been at the forefront of the debate around the world, this substantial 19-chapter volume captures the richness of the criminalisation phenomenon and considers its implications for building an effective criminal cartel regime, particularly outside of the US. It adopts a range of approaches, including general theoretical perspectives (from criminal theory, economics, political science, regulation and criminology) and case-studies of the experience with the design and enforcement of existing or contemplated criminal cartel regimes in various jurisdictions (including in Australia, Canada, EU, Germany, Ireland and the UK). The book also explores the international dimensions of criminalisation - its specific practical consequences (such as increased potential for extradition) as well as its more general implications for trends of harmonisation or convergence in competition law and enforcement.

Cartels, Markets and Crime

Bruce Wardhaugh
Cartels Markets and Crime Book PDF

Author : Bruce Wardhaugh
Publisher : Cambridge University Press
Page : 379 pages
File Size : 53,6 Mb
Release : 2014-02-06
Category : Business & Economics
ISBN : 9781107036307

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Cartels, Markets and Crime by Bruce Wardhaugh Pdf

A study of the normative justification for criminalising cartel activity which goes beyond historical accounts of the topic.

The Criminalization of European Cartel Enforcement

Peter Whelan
The Criminalization of European Cartel Enforcement Book PDF

Author : Peter Whelan
Publisher : Oxford Studies in European Law
Page : 403 pages
File Size : 48,6 Mb
Release : 2014
Category : Law
ISBN : 9780199670062

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The Criminalization of European Cartel Enforcement by Peter Whelan Pdf

The challenges facing the criminalisation of cartel activity in the European Union are threefold: theoretical, legal, and practical. This book analyses these crucial challenges so that the complexity of the process of European antitrust criminalisation can be accurately understood.

The Criminalization of European Cartel Enforcement

Peter Whelan
The Criminalization of European Cartel Enforcement Book PDF

Author : Peter Whelan
Publisher : OUP Oxford
Page : 350 pages
File Size : 44,7 Mb
Release : 2014-08-07
Category : Law
ISBN : 9780191649035

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The Criminalization of European Cartel Enforcement by Peter Whelan Pdf

Cartel activity is prohibited under EU law by virtue of Article 101(1) of the Treaty on the Functioning of the European Union. Firms that violate this provision face severe punishment from those entities responsible for enforcing EU competition law: the European Commission, the national competition authorities, and the national courts. Stiff fines are regularly imposed on firms by these entities; such firm-focused punishment is an established feature of the antitrust enforcement landscape within the EU. In recent years, however, focus has also been placed on the individuals within the firms responsible for the cartel activity. It is increasingly recognized that punishment for cartel activity should be individual-focused as well as firm-focused. Accordingly, a growing tendency to criminalize cartel activity can be observed in the EU Member States. The existence of such criminal sanctions within the EU presents a number of crucial challenges that need to be met if the underlying enforcement objectives are to be achieved in practice without violating prevailing legal norms. For a start, given the severe consequences of a custodial sentence, the employment of criminal antitrust punishment must be justifiable in principle: one must have a robust normative framework rationalizing the existence of criminal cartel sanctions. Second, for it to be legitimate, antitrust criminalization should only occur in a manner that respects the mandatory legalities applicable to the European jurisdiction in question. These include the due process rights of the accused and the principle of legal certainty. Finally, the correct practical measures (such as a criminal leniency policy and a correctly defined criminal cartel offence) need to be in place in order to ensure that the employment of criminal antitrust punishment actually achieves its aims while maintaining its legitimacy. These three particular challenges can be conceptualized respectively as the theoretical, legal, and practical challenges of European antitrust criminalization. This book analyses these three crucial challenges so that the complexity of the process of European antitrust criminalization can be understood more accurately. In doing so, this book acknowledges that the three challenges should not be considered in isolation. In fact there is a dynamic relationship between the theoretical, legal, and practical challenges of European antitrust criminalization and an effective antitrust criminalization policy is one which recognizes and respects this complex interaction.

The Criminalization of European Cartel Enforcement

Peter Whelan (Lawyer),UPSO eCollections (University Press Scholarship Online)
The Criminalization of European Cartel Enforcement Book PDF

Author : Peter Whelan (Lawyer),UPSO eCollections (University Press Scholarship Online)
Publisher : Unknown
Page : 369 pages
File Size : 45,8 Mb
Release : 2014
Category : Antitrust law
ISBN : 0191749443

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The Criminalization of European Cartel Enforcement by Peter Whelan (Lawyer),UPSO eCollections (University Press Scholarship Online) Pdf

The challenges facing the criminalisation of cartel activity in the European Union are threefold: theoretical, legal, and practical. This book analyses these crucial challenges so that the complexity of the process of European antitrust criminalisation can be accurately understood.

Anti-Cartel Enforcement in a Contemporary Age

Caron Beaton-Wells,Christopher Tran
Anti Cartel Enforcement in a Contemporary Age Book PDF

Author : Caron Beaton-Wells,Christopher Tran
Publisher : Bloomsbury Publishing
Page : 291 pages
File Size : 53,9 Mb
Release : 2015-09-24
Category : Law
ISBN : 9781782259411

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Anti-Cartel Enforcement in a Contemporary Age by Caron Beaton-Wells,Christopher Tran Pdf

Leniency policies are seen as a revolution in contemporary anti-cartel law enforcement. Unique to competition law, these policies are regarded as essential to detecting, punishing and deterring business collusion – conduct that subverts competition at national and global levels. Featuring contributions from leading scholars, practitioners and enforcers from around the world, this book probes the almost universal adoption and zealous defence of leniency policies by many competition authorities and others. It charts the origins of and impetuses for the leniency movement, captures key insights from academic research and practical experience relating to the operation and effectiveness of leniency policies and examines leniency from the perspectives of corporate and individual applicants, advisers and authorities. The book also explores debates surrounding the intersections between leniency and other crucial elements of the enforcement system such as compensation, compliance and criminalisation. The rich critical analysis in the book draws on the disciplines of law, regulation, economics and criminology. It makes a substantial and distinctive contribution to the literature on a topic that is highly significant to a wide range of actors in the field of competition law and business regulation generally. From the Foreword by Professor Frédéric Jenny ' ... fundamental questions are raised and thoroughly discussed in this book which is undoubtedly the most comprehensive scholarly work on leniency policies produced so far ... [the] book should be required reading for all seeking to acquire a deeper insight into the issues related to leniency policy. It is a priceless contribution ... '

Regulating Cartels in Europe

Christopher Harding,Julian Joshua
Regulating Cartels in Europe Book PDF

Author : Christopher Harding,Julian Joshua
Publisher : Unknown
Page : 439 pages
File Size : 49,9 Mb
Release : 2010
Category : Law
ISBN : 9780199551484

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Regulating Cartels in Europe by Christopher Harding,Julian Joshua Pdf

One of the most contentious and high-profile aspects of EU competition law and policy has been the regulation of those serious competition or antitrust violations now often referred to as 'hard core cartels'. Such cartel activity typically involves large and powerful corporate producers and traders operating across Europe and beyond, and comprise practices such as price fixing, bid rigging, market sharing, and limiting production in order to ensure 'market stability' and maintain and increase profits. There is little disagreement now, in terms of competition theory and policy at both international and national levels, regarding the damaging effect of such trading practices on public and consumer interests, and such cartels have been subject to increasing condemnation in the legal process of regulating and protecting competition. Regulating Cartels in Europe provides critical evaluation of the way in which European-level regulation has evolved to deal with the activities of such anti-competitive business cartels. They trace the historical development of cartel regulation in Europe, comparing the more pragmatic and empirical approached favored in Europe with the more dogmatic and uncompromising American policy on cartels. In particular, the work considers critically the move towards the use of fully fledged criminal proceedings in this area of legal control, examining evolving aspects of enforcement policy such as the use of leniency programs and the deployment of a range of criminal law and other sanctions. This new edition of the work covers emerging themes and arguments in the discipline, including the judicial review of decisions against cartels, the criminological and legal basis of the criminalization of cartel conduct, and the range and effectiveness of sanctions used in response to cartel activity.

Criminalization of Competition Law Enforcement

K. J. Cseres,Katalin J. Cseres,Maarten-Pieter Schinkel,Floris O. W. Vogelaar
Criminalization of Competition Law Enforcement Book PDF

Author : K. J. Cseres,Katalin J. Cseres,Maarten-Pieter Schinkel,Floris O. W. Vogelaar
Publisher : Edward Elgar Publishing
Page : 369 pages
File Size : 42,6 Mb
Release : 2006-01-01
Category : Law
ISBN : 9781847202901

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Criminalization of Competition Law Enforcement by K. J. Cseres,Katalin J. Cseres,Maarten-Pieter Schinkel,Floris O. W. Vogelaar Pdf

This timely book brings together contributions from prominent scholars and practitioners to the ongoing debate on the criminalization of competition law enforcement. Recognizing that existing remedies and sanctions may be insufficient to deter breaches of competition law, several EU Member States have followed the US example and introduced pecuniary penalties for executives, professional disqualification orders, and even jail sentences. Addressing issues such as unsolved legal puzzles, standard of proof, leniency programs and internal cartel stability, this book is a marker for future policy debate. With perspectives from an international cast of contributors, Criminalization of Competition Law Enforcement will be of great interest to academics and policy makers as well as students and practitioners in law.

European Competition Law Annual 2013

Philip Lowe,Mel Marquis,Giorgio Monti
European Competition Law Annual 2013 Book PDF

Author : Philip Lowe,Mel Marquis,Giorgio Monti
Publisher : Bloomsbury Publishing
Page : 616 pages
File Size : 52,5 Mb
Release : 2016-04-21
Category : Law
ISBN : 9781509900480

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European Competition Law Annual 2013 by Philip Lowe,Mel Marquis,Giorgio Monti Pdf

This volume contains papers presented at the 18th Annual EU Competition Law and Policy Workshop. The papers examine means of balancing effective (public) competition law enforcement and the requirements of legitimate and accountable exercise of public authority. The authors address the design and performance of various enforcement tools at European and national levels, including sanctions and remedies but also distinctive instruments under Regulation 1/2003 (eg commitment procedures) and under the Treaty on the Functioning of the European Union (Article 106(3) when used as a basis for infringement procedures). From the perspective of legitimacy, reflections focus on the implications of fundamental rights standards and general principles of law for the EU's complex and quasi-federal enforcement architecture. Issues that may sometimes escape judicial scrutiny are also discussed, such as how agencies prioritise their activities, and how investigation responsibilities are distributed within the European Competition Network. Effectiveness and legitimacy are then considered in the context of public enforcement cooperation beyond the EU, where international organisations, regional cooperation and a range of formal and informal modes of governance prevail.

EU Criminal Law and Policy

Joanna Beata Banach-Gutierrez,Christopher Harding
EU Criminal Law and Policy Book PDF

Author : Joanna Beata Banach-Gutierrez,Christopher Harding
Publisher : Routledge
Page : 261 pages
File Size : 51,5 Mb
Release : 2016-07-28
Category : Law
ISBN : 9781317427612

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EU Criminal Law and Policy by Joanna Beata Banach-Gutierrez,Christopher Harding Pdf

The EU now possesses a clear legal basis for taking action on criminal law matters and steering the policy and practice of Member States in relation to crime and criminal law. However, for what is now an important area of law, there remains a striking absence or uncertainty regarding its theoretical basis, its legitimacy and its conceptual vocabulary. This book offers a review of the significance of EU criminal law and crime policy as a rapidly emerging phenomenon in European law and governance. Bringing together an international set of contributors, the book questions the nature, role and objectives of such 'criminal law', its relationship with other areas of EU policy and law, and the established rules of criminal law and criminal justice at the Member State level. Taking up such subjects as the application of criminal law across national boundaries and in the broader European context, effective enforcement, and the working out of a new European policy, the book helps to structure an increasingly significant subject in law which is still finding its direction. The book will be of great use and interest to researchers and students of EU law, criminal justice, and criminology.

The Cambridge Handbook of Competition Law Sanctions

Tihamer Tóth
The Cambridge Handbook of Competition Law Sanctions Book PDF

Author : Tihamer Tóth
Publisher : Cambridge University Press
Page : 769 pages
File Size : 40,7 Mb
Release : 2022-06-23
Category : Law
ISBN : 9781108923774

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The Cambridge Handbook of Competition Law Sanctions by Tihamer Tóth Pdf

This handbook brings together an international roster of competition law scholars and practitioners to address the issue of sanctions in competition law from all angles. Covering nineteen jurisdictions around the world, the book analyzes the theoretical foundations and practice of sanctioning competition law infringements and, most importantly, cartels. Contributors include a range of experts drawing on criminal law, company law, labor law, human rights, and law and economics, to determine what sanctions are available as a matter of positive law against corporations and individuals, including fines and other criminal, administrative, and civil law sanctions; whether law enforcers are using these sanctions effectively; and if new sanctions – including individual sanctions – should be introduced.

Cartel Criminality

Christopher Harding,Jennifer Edwards
Cartel Criminality Book PDF

Author : Christopher Harding,Jennifer Edwards
Publisher : Routledge
Page : 289 pages
File Size : 48,9 Mb
Release : 2016-04-08
Category : Social Science
ISBN : 9781317169628

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Cartel Criminality by Christopher Harding,Jennifer Edwards Pdf

Anti-competitive business cartels, engaging in practices such as price fixing, market sharing, bid rigging and restrictions on output, are now subject to strong official censure and rigorous legal control in a large number of jurisdictions across the world. The longstanding condemnation under the US Sherman Act of 1890 has been taken up (although in a rather different form) during the last thirty years in the EC/EU and in European national jurisdictions in particular, but also in a range of countries outside North America and Europe. Legal control has not only extended geographically but has intensified, as a number of jurisdictions have moved beyond administrative regulation and penalties to embrace enforcement through civil liability and (most significantly in terms of policy and rhetoric) the methods of criminal law. It is therefore timely to consider critically this development of legal control and assess its achievement to date and its future prospects. But such an exercise requires an understanding of the reasons and need for such regulation, based on a clear appreciation of the nature and extent of the economic and social malaise which is its subject. What, more exactly, are such business cartels, why do they come into existence and persist, why are they regarded as being so bad, and what are the objectives within this increasingly complex and multi-level phenomenon of legal control? By seeking to answer such fundamental questions, this book sets a research agenda for a pathology, aetiology and criminology of business cartels, and probes more accurately their nature, operation, endurance and perceived delinquency.

Globalisation, Criminal Law and Criminal Justice

Valsamis Mitsilegas,Peter Alldridge,Leonidas Cheliotis
Globalisation Criminal Law and Criminal Justice Book PDF

Author : Valsamis Mitsilegas,Peter Alldridge,Leonidas Cheliotis
Publisher : Bloomsbury Publishing
Page : 254 pages
File Size : 43,8 Mb
Release : 2015-01-22
Category : Social Science
ISBN : 9781782252719

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Globalisation, Criminal Law and Criminal Justice by Valsamis Mitsilegas,Peter Alldridge,Leonidas Cheliotis Pdf

The book consists of the keynote papers delivered at the 2012 WG Hart Workshop on Globalisation, Criminal Law and Criminal Justice organised by the Queen Mary Criminal Justice Centre. The volume addresses, from a cross-disciplinary perspective, the multifarious relationship between globalisation on the one hand, and criminal law and justice on the other hand. At a time when economic, political and cultural systems across different jurisdictions are increasingly becoming or are perceived to be parts of a coherent global whole, it appears that the study of crime and criminal justice policies and practices can no longer be restricted within the boundaries of individual nation-states or even particular transnational regions. But in which specific fields, to what extent, and in what ways does globalisation influence crime and criminal justice in disparate jurisdictions? Which are the factors that facilitate or prevent such influence at a domestic and/or regional level? And how does or should scholarly inquiry explore these themes? These are all key questions which are addressed by the contributors to the volume. In addition to contributions focusing on theoretical and comparative dimensions of globalisation in criminal law and justice, the volume includes sections focusing on the role of evidence in the development of criminal justice policy, the development of European criminal law and its relationship with national and transnational legal orders, and the influence of globalisation on the interplay between criminal and administrative law.

The Territorial Jurisdiction of the International Criminal Court

Michalēs Vagias,Michail Vagias,John Dugard
The Territorial Jurisdiction of the International Criminal Court Book PDF

Author : Michalēs Vagias,Michail Vagias,John Dugard
Publisher : Cambridge University Press
Page : 379 pages
File Size : 40,5 Mb
Release : 2014-10-16
Category : Law
ISBN : 9781107034273

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The Territorial Jurisdiction of the International Criminal Court by Michalēs Vagias,Michail Vagias,John Dugard Pdf

Michael Vagias analyses the law and procedure surrounding the territorial jurisdiction of the International Criminal Court.

Leniency in Asian Competition Law

Steven Van Uytsel,Mark Fenwick,Yoshiteru Uemura
Leniency in Asian Competition Law Book PDF

Author : Steven Van Uytsel,Mark Fenwick,Yoshiteru Uemura
Publisher : Cambridge University Press
Page : 485 pages
File Size : 50,6 Mb
Release : 2022-09-22
Category : Law
ISBN : 9781009183680

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Leniency in Asian Competition Law by Steven Van Uytsel,Mark Fenwick,Yoshiteru Uemura Pdf

In response to cartel formation, competition lawyers and policymakers in nine Asian jurisdictions have experimented with leniency programmes. This mechanism allows firms to come forward with information in relation to their illegal cartel participation in return for a reduction of or immunity from a sanction. The experimentation plays out across three different dimensions: the revision of early adopted leniency programmes, the introduction of newly written leniency programmes, and the decision – deliberate or otherwise – not to create a leniency programme. This volume is the first to analyse the empirical evidence across a number of countries to determine how effective these measures have been, and how they have been amended in response to problems encountered. In this volume, local experts from key Asian jurisdictions, together with international experts, offer an introduction to this fast-developing field, and explore the theoretical, international and regulatory contexts of leniency programmes.