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Criminalising Cartels - Critical Studies of an International Regulatory Movement (Hardcover)
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Criminalising Cartels - Critical Studies of an International Regulatory Movement (Hardcover)
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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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