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The challenges facing the criminalization of cartel activity in the EU are threefold: theoretical, legal, and practical. This book analyses these crucial challenges so that the complexity of the process of European antitrust criminalization can be accurately understood.
Table des matières
- 1: An Introduction to European Antitrust Criminalization and Its Theoretical, Legal, and Practical Challenges
- Part I: Theoretical Challenges
- 2: Potential Theoretical Justifications for European Antitrust Criminalization
- 3: European Antitrust Criminalization and the Challenge of Deterrence Theory
- 4: European Antitrust Criminalization and the Challenge of Retribution Theory
- Part II: Legal Challenges
- 5: European Antitrust Criminalization and the First Challenge of Due Process: A 'Strengthening of Rights' in Favour of the Accused?
- 6: European Antitrust Criminalization and the Second Challenge of Due Process: Imposing Criminal Sanctions Alongside Civil Sanctions
- 7: European Antitrust Criminalization and the Challenge of Legal Certainty
- Part III: Practical Challenges
- 8: European Antitrust Criminalization and the First Challenge of Design - Defining the Criminal Cartel Offence
- 9: European Antitrust Criminalization and the Second Challenge of Design - Understanding the Complexities of Leniency/Immunity
- 10: European Antitrust Criminalization and the Third Challenge of Design - Identifying the Desirable Enforcement Strategies
- Conclusion
- 11: Concluding Remarks on the Theoretical, Legal and Practical Challenges of European Antitrust Criminalization
- Annexes
- Annex I: Text of Article 101 TFEU
- Annex II: Text of the (Original) UK Cartel Offence and Section 47 of the Enterprise and Regulatory Reform Act 2013
- Annex III: Diagrammatical Representation of the Social Harm Due to Cartel Activity
- Bibliography
A propos de l'auteur
Dr Peter Whelan is an Associate Professor in Law at the School of Law, University of Leeds, where he is the Deputy Director of the Centre for Criminal Justice Studies. He has degrees in law from Trinity College Dublin and a PhD in Law from St John's College, University of Cambridge. A qualified US Attorney-at-Law, Peter is an expert in competition law and sits on the Editorial Boards of World Competition and the Journal of Antitrust Enforcement. Peter has published widely in specialist competition law journals, as well as in generalist law journals (including Oxford Journal of Legal Studies, Cambridge Law Journal and Modern Law Review). He has provided oral evidence on cartel criminalization to the New Zealand Parliament and was recently appointed as an International Expert by the Finnish Competition and Consumer Authority to advise it on the desirability of introducing criminal cartel sanctions in Finland. Peter is also the Managing Editor of Oxford Competition Law.
Résumé
The challenges facing the criminalization of cartel activity in the EU are threefold: theoretical, legal, and practical. This book analyses these crucial challenges so that the complexity of the process of European antitrust criminalization can be accurately understood.
Texte suppl.
The existing and potential sanctions within the EU designed to deter, or punish those who set up cartels form the basis of this rigorous and analytical study by Dr Peter Whelan published by the Oxford University Press...Whelan has therefore set himself the formidable task of addressing and examining what he refers to as the theoretical, legal and practical challenges of European antitrust criminalization, which he, stresses should be examined and analysed not separately, but as a dynamic whole. ...Whelan has certainly shed much light on a complex, often awkward and continually evolving subject, which is also fraught with implications for corporate responsibility in general. Lawyers as well as academics and policy makers will welcome the important contribution made by this book to the ongoing debate on cartels within the EU.
