Criminalization of Competition Law Enforcement - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Criminalization of Competition Law Enforcement write by K. J. Cseres. This book was released on 2006-01-01. Criminalization of Competition Law Enforcement available in PDF, EPUB and Kindle. 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.
The Criminalization of European Cartel Enforcement
The Criminalization of European Cartel Enforcement - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Criminalization of European Cartel Enforcement write by Peter Whelan. This book was released on 2014-08-07. The Criminalization of European Cartel Enforcement available in PDF, EPUB and Kindle. 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.
Creeping Criminalization
Creeping Criminalization - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Creeping Criminalization write by . This book was released on 2003. Creeping Criminalization available in PDF, EPUB and Kindle.
Criminalising Cartels
Criminalising Cartels - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Criminalising Cartels write by Caron Beaton-Wells. This book was released on 2011-02-10. Criminalising Cartels available in PDF, EPUB and Kindle. 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.
The Criminalization of European Cartel Enforcement
The Criminalization of European Cartel Enforcement - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Criminalization of European Cartel Enforcement write by Peter Whelan (Lawyer). This book was released on 2014. The Criminalization of European Cartel Enforcement available in PDF, EPUB and Kindle. 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.
