Criminalising Cartels: Critical Studies of an International Regulatory Movement

Editat de Caron Beaton-Wells, Dr Ariel Ezrachi
Notă GoodReads:
en Limba Engleză Hardback – 10 Feb 2011
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.
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ISBN-13: 9781849460255
ISBN-10: 1849460256
Pagini: 472
Dimensiuni: 156 x 234 x 35 mm
Greutate: 0.9 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării: London, United Kingdom

Notă biografică

Caron Beaton-Wells is an Associate Professor at the University of Melbourne, Director of Studies for Competition Law at the Melbourne Law School and Director of the University of Melbourne Competition Law & Economics Network.Ariel Ezrachi is the Slaughter and May lecturer in Competition Law at the University of Oxford and the Director of the Oxford Centre for Competition Law and Policy. He is a Fellow and Tutor in Law at Pembroke College, Oxford.


PART A INTRODUCTION1. Criminalising Cartels: Why Critical Studies?Caron Beaton-Wells and Ariel EzrachiPART B THE US EXPERIENCE WITH CRIMINAL CARTEL ENFORCEMENT2. Punishment for Cartel Participants in the United States: A Special Model?Donald I BakerPART C EXPERIENCES OUTSIDE THE US WITH CRIMINAL CARTEL ENFORCEMENT3. Redesigning a Criminal Cartel Regime: The Canadian ConversionD Martin Low and Casey Halladay4. Competition Offences in Ireland: The Regime and Its ResultsPatrick Massey and John D Cooke 5. DOA: Can the UK Cartel Offence Be Resuscitated?Julian Joshua6. What if All Bid Riggers Went to Prison and Nobody Noticed? Criminal Antitrust Law Enforcement in GermanyFlorian Wagner-von Papp7. Cartel Criminalisation and the Australian Competition and Consumer Commission: Opportunities and ChallengesCaron Beaton-WellsPART D EU PERSPECTIVES ON CARTEL CRIMINALISATION8. Criminalising Cartels in the European Union: Is There a Case for Harmonisation?Ingeborg Simonsson9. Criminal Cartel Enforcement in the European Union: Avoiding a Human Rights Trade-OffPeter WhelanPART E TESTING ORTHODOX ASSUMPTIONS UNDERPINNING CARTEL CRIMINALISATION10. Criminal Cartel Sanctions and Compliance: The Gap between Rhetoric and RealityChristine Parker11. Am I a Price Fixer? A Behavioural Economics Analysis of CartelsMaurice E Stucke12. Cartels in the Criminal Law LandscapeRebecca Williams13. Cartel Offences and Non-Monetary Punishment: The Punitive Injunction as a Sanction against CorporationsBrent FissePART F EXPLORING THE POLITICAL ECONOMY OF CARTEL CRIMINALISATION14. Cartel Criminalisation as Juridification: Political and Regulatory DangersStephen Wilks 15. The Anti-Cartel Enforcement Industry: Criminological Perspectives on Cartel CriminalisationChristopher Harding16. 'The Battle for Hearts and Minds': The Role of the Media in Treating Cartels as CriminalAndreas StephanPART G FUTURE CHALLENGES FACING CARTEL CRIMINALISATION ON AN INTERNATIONAL SCALE17. International Cartels, Concurrent Criminal Prosecutions and Extradition: Law, Practice and PolicyMichael O'Kane18. Cartels as Criminal? The Long Road from Unilateral Enforcement to International ConsensusAriel Ezrachi and Jiøí Kindl


If one mark of a good book, in this case an edited collection, is how often it, or the essays in it, have been cited since publication, then this is a very good book indeed. In the course of examining aspects of the United Kingdom's discredited Cartel Offence over the last year I have consistently encountered references to work contained here, and have myself relied on a number of contributions.The editors have taken care with the structure and have selected an exceptionally good team of contributors...It makes a significant contribution to our understanding of the subject, and is highly recommended.
...a subtle but devastating critique of the criminalization of cartels.
[A]n exceptionally good team of contributors. It is an unusual collection in that the sum of the whole is greater than that of the parts. It makes a significant contribution to our understanding of the subject, and is highly recommended.
...cover to cover, this is the best contemporary book on cartels.