Four Key Challenges to the Successful Criminalisation of Cartel Laws

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Abstract

This article draws on the UK’s decade long experience of adopting and enforcing a criminal cartel offence in relation to individuals. It identifies four key challenges to the successful criminalization of cartel laws. These related to: (i) the legitimacy of criminalization; (ii) problems associated with leniency; (iii) the cost of enforcement; and (iv) issues relating to international enforcement. The article concludes with a set of recommendations for jurisdictions in the process of criminalizing their cartel laws or reforming their existing cartel offences.
Original languageEnglish
Article number2
Pages (from-to)333-362
Number of pages30
JournalJournal of Antitrust Enforcement
Volume2
Issue number2
Early online date21 Apr 2007
DOIs
Publication statusPublished - Oct 2014

Keywords

  • competition law
  • cartel offence
  • criminalization
  • Enterprise Act 2002

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