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Cartel Criminality - The Mythology and Pathology of Business Collusion (Paperback)
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Cartel Criminality - The Mythology and Pathology of Business Collusion (Paperback)
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Anti-competitive business cartels, engaging in practices such as
price fixing, market sharing, bid rigging and restrictions on
output, are now subject to strong official censure and rigorous
legal control in a large number of jurisdictions across the world.
The longstanding condemnation under the US Sherman Act of 1890 has
been taken up (although in a rather different form) during the last
thirty years in the EC/EU and in European national jurisdictions in
particular, but also in a range of countries outside North America
and Europe. Legal control has not only extended geographically but
has intensified, as a number of jurisdictions have moved beyond
administrative regulation and penalties to embrace enforcement
through civil liability and (most significantly in terms of policy
and rhetoric) the methods of criminal law. It is therefore timely
to consider critically this development of legal control and assess
its achievement to date and its future prospects. But such an
exercise requires an understanding of the reasons and need for such
regulation, based on a clear appreciation of the nature and extent
of the economic and social malaise which is its subject. What, more
exactly, are such business cartels, why do they come into existence
and persist, why are they regarded as being so bad, and what are
the objectives within this increasingly complex and multi-level
phenomenon of legal control? By seeking to answer such fundamental
questions, this book sets a research agenda for a pathology,
aetiology and criminology of business cartels, and probes more
accurately their nature, operation, endurance and perceived
delinquency.
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