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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.
List of contents
1. The quest for creating an effective set of competition law sanctions: converging goals with a divergent tools Tihamer Toth; 2. The role of fines in the toolkit of competition agencies András Tóth; 3. Sanctions on legal persons-an economic analysis Ákos Szalai; 4. The effectiveness of European antitrust fines Cento Veljanovski; 5. Corporate governance and competition law sanctions Dávid Sóbor; 6. Antitrust criminalization as a legitimate deterrent Peter Whelan; 7. Criminalization of anti-competitive conducts: a real deterrence or a 'Paper Tiger' in practice? Ádám Békés; 8. Consensus based sanctions and commitments Darren Bush; 9. Effectiveness of commitment decisions - a review of selected practice by the European Commission Surd Kováts; 10. Compliance policies and sanctions - the US, EU and UK perspectives Peter Sükösd; 11. The role of administrative courts in the effective enforcement of competition law sanctions András Kovács; 12. Civil sanctions in antitrust public enforcement Max Huffman; 13. What role for private enforcement in EU competition law? A religion in quest of founder Csongor I. Nagy; 14. The insights of labor law: how can we prevent infringements by rouge employees? Tamás Gyulavári; 15. Human rights jurisprudence and the effectiveness of competition law sanction Pál Szilágyi; 16. Catholic teaching on just punishment, especially in connection with financial matters Peter Artner; 17. Austria Arno Scharf; 18. Belgium Juliana Oliveira Domingues and Eduardo M. Gaban; 19. China Wang Xianlin and Fang Xiang; 20. EU Viktor Bottka; 21. Germany Carsten König and Fernanda Luisa Bremenkamp; 22. Hungary András Pünkösty; 23. Indonesia and ASEAN countries Sih Yuliana Wahyuningtyas; 24. Italy Michele Carpagnano; 25. Japan Tadashi Shiarishi; 26. Kenya and East-Africa Vellah Kedogo Kigwiru; 27. Netherlands Johan van de Gronden and Marc Veenbrink; 28. Poland ¿ukasz Grzejdziak; 29. Portugal Nuno Castro Marques; 30. Spain Jerónimo Maillo González; 31. Sweden Helene Andersson; 32. Turkey Cem Kerem; 33. UK Andreas Stephan.
About the author
Tihamer Tóth is full time professor and assistant dean at Pázmány Peter Catholic University, Faculty of Law and Sciences (Budapest, Hungary) and a practicing competition lawyer.
Summary
A reference work on the theoretical foundations of sanctioning that reviews the practice of nineteen countries, this handbook will be used by law and business academics, students, practicing lawyers, and enforcers from all over the world who are interested in competition law and policy, and in sanctioning policies in general.
Foreword
A unique comparison of the theory and practice of corporate and individual sanctions applied in competition law across five continents.
