Subjects:

Competition Law

Contents:

1. Law and Economics of Criminal Antitrust Enforcement: An Introduction

Katalin J. Cseres, Maarten Pieter Schinkel and Floris O.W. Vogelaar

2. Criminal Competition Law Enforcement: Taking Stock on the Debate

Claus-Dieter Ehlermann

PART I: ECONOMIC AND LEGAL IMPLICATIONS OF CRIMINAL COMPETITION LAW ENFORCEMENT

3. Competition Policy and Cartels: The Design of Remedies

William E. Kovacic

4. Is Criminalization of EU Competition Law the Answer?

Wouter P.J. Wils

5. How Strong is the Case for Criminal Sanctions in Cartel Cases?

Andreas P. Reindl

6. Criminalization of Cartels and their Internal Organization

Giancarlo Spagnolo

7. Economic and Legal Implications of Criminal Competition Law Enforcement: Discussion by Panel

Claus-Dieter Ehlermann, William E. Kovacic, Giancarlo Spagnolo, Andres P. Reindl and Wouter P.J. Wils

PART II: CRIMINALIZATION AND LENIENCY

8. Requests for Leniency in the EU: Experience and Legal Puzzles

Dirk Schroeder and Silke Heinz

9. Criminalization and Leniency: Will the Combination Favourably Affect Cartel Stability?

Patrick Massey

10. The Negative Interplay between National Custodial Sanctions and Leniency

Michael J. Frese

PART III: COUNTRY EXPERIENCES WITH CRIMINAL LAW SANCTIONS

11. Optimal Pecuniary Sanctions and the US Sentencing and EU Fining Guidelines

Nonthika Wehmhö

rner

12. Cartels: A United States Story, and a Research Program for the World

Eleanor M. Fox

13. The UK’

s Experience with Criminal Law Sanctions

Diana Guy

14. Experience with Criminal Law Sanctions for Competition Law Infringements in Germany

Christof Vollmer

15. Cartel Penalties and Damages in Ireland: Criminalization and the Case for Custodial Sentences

Terry Calvani

16. Enforcement of Antitrust Law: The Way from Criminal Individual Punishment to Semi-Penal Sanctions in Austria

Peter Lewisch

17. Competition Policy in Estonia

Aini Proos

18. Criminal Competition Law Sanctions in the Netherlands

Pieter Kalbfleisch

19. Country Experiences with Criminal Law Sanctions: Discussion by Panel

Floris O.W. Vogelaar, Patrick Massey, Aini Proos, Dirk Schroeder, Diana Guy, Eleanor M. Fox and Pieter Kalbfleisch

20. Closing Remarks

Floris O.W. Vogelaar

Relevant Legal Acts

Index

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.