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Regulating Cartels in Europe (Hardcover, 2nd Revised edition)
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Regulating Cartels in Europe (Hardcover, 2nd Revised edition)
Series: Oxford Studies in European Law
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One of the most contentious and high-profile aspects of EU
competition law and policy has been the regulation of those serious
competition or antitrust violations now often referred to as 'hard
core cartels'. Such cartel activity typically involves large and
powerful corporate producers and traders operating across Europe
and beyond, and comprise practices such as price fixing, bid
rigging, market sharing, and limiting production in order to ensure
'market stability' and maintain and increase profits. There is
little disagreement now, in terms of competition theory and policy
at both international and national levels, regarding the damaging
effect of such trading practices on public and consumer interests,
and such cartels have been subject to increasing condemnation in
the legal process of regulating and protecting competition.
Regulating Cartels in Europe provides critical evaluation of the
way in which European-level regulation has evolved to deal with the
activities of such anti-competitive business cartels. They trace
the historical development of cartel regulation in Europe,
comparing the more pragmatic and empirical approached favored in
Europe with the more dogmatic and uncompromising American policy on
cartels. In particular, the work considers critically the move
towards the use of fully fledged criminal proceedings in this area
of legal control, examining evolving aspects of enforcement policy
such as the use of leniency programs and the deployment of a range
of criminal law and other sanctions.
This new edition of the work covers emerging themes and arguments
in the discipline, including the judicial review of decisions
against cartels, the criminological and legal basis of the
criminalization of cartel conduct, and the range and effectiveness
of sanctions used in response to cartel activity.
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