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Criminalising Cartels: Critical Studies of an International Regulatory Movement

Edited by: Caron Beaton-Wells, Ariel Ezrachi

ISBN13: 9781849460255
Published: February 2011
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £100.00



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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 persuasive 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, legal profession, and general public).

Featuring contributions from authors who have been at the forefront of the debate around the world, this substantial 17 chapter volume captures the complexity of the criminalisation phenomenon and considers its implications for building an effective criminal cartel regime, particularly outside of the USA. It adopts a range of approaches, including general theoretical perspectives (from criminal theory, economics, political science, regulation and criminology) and case-studies of the recent practical experience with the design and enforcement of a criminal cartel regime in various jurisdictions (including in the UK, Australia, Germany, Ireland and Canada).

It 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.

Subjects:
Competition Law, Criminal Law
Contents:
PART A INTRODUCTION
1. Criminalising Cartels: Why Critical Studies? Caron Beaton-Wells and Ariel Ezrachi

PART B THE US EXPERIENCE WITH CRIMINAL CARTEL ENFORCEMENT
2. Punishment for Cartel Participants in the United States: A Special Model? Donald I Baker

PART C EXPERIENCES OUTSIDE THE US WITH CRIMINAL CARTEL ENFORCEMENT
3. Redesigning a Criminal Cartel Regime: The Canadian Conversion D Martin Low and Casey Halladay
4. Competition Offences in Ireland: The Regime and Its Results Patrick Massey and John D Cooke
5. DOA: Can the UK Cartel Offence Be Resuscitated? Julian Joshua
6. What if All Bid Riggers Went to Prison and Nobody Noticed? Criminal Antitrust Law Enforcement in Germany Florian Wagner-von Papp
7. Cartel Criminalisation and the Australian Competition and Consumer Commission: Opportunities and Challenges Caron Beaton-Wells

PART D EU PERSPECTIVES ON CARTEL CRIMINALISATION
8. Criminalising Cartels in the European Union: Is There a Case for Harmonisation? Ingeborg Simonsson
9. Criminal Cartel Enforcement in the European Union: Avoiding a Human Rights Trade-Off Peter Whelan

PART E TESTING ORTHODOX ASSUMPTIONS UNDERPINNING CARTEL CRIMINALISATION
10. Criminal Cartel Sanctions and Compliance: The Gap between Rhetoric and Reality Christine Parker
11. Am I a Price Fixer? A Behavioural Economics Analysis of Cartels Maurice E Stucke
12. Cartels in the Criminal Law Landscape Rebecca Williams
13. Cartel Offences and Non-Monetary Punishment: The Punitive Injunction as a Sanction against Corporations Brent Fisse

PART F EXPLORING THE POLITICAL ECONOMY OF CARTEL CRIMINALISATION
14. Cartel Criminalisation as Juridification: Political and Regulatory Dangers Stephen Wilks
15. The Anti-Cartel Enforcement Industry: Criminological Perspectives on Cartel Criminalisation Christopher Harding
16. 'The Battle for Hearts and Minds': The Role of the Media in Treating Cartels as Criminal Andreas Stephan

PART G FUTURE CHALLENGES FACING CARTEL CRIMINALISATION ON AN INTERNATIONAL SCALE
17. International Cartels, Concurrent Criminal Prosecutions and Extradition: Law, Practice and Policy Michael O'Kane
18. Cartels as Criminal? The Long Road from Unilateral Enforcement to International Consensus Ariel Ezrachi and Jioi Kindl